THE WRITINGS
OF
JAMES MADISON
VOLUME II.
1783-1787
OF THIS LETTER-PRESS EDITION
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December, 1901
THE WRITINGS
OF
JAMES MADISON
h
COMPRISING HIS PUBLIC PAPERS AND HIS PRIVATE COR-
RESPONDENCE, INCLUDING NUMEROUS LETTERS AND
DOCUMENTS NOW FOR THE FIRST TIME PRINTED
EDITED BY
GAILLARD HUNT
VOLUME II.
1783-1787
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CONTENTS OF VOLUME II.
PAGE
Chronology xv
1783.
To Edmund Randolph, July 8th .... 2
Impost in the Assembly — Nathan award — Place of sitting of
Congress.
To Edmund Randolph, July I5th .... 2
Attachment of Philadelphia to Federal Government.
To Edmund Randolph, July 28th .... 3
Return of Congress to Philadelphia — Seat of Federal Govern
ment — The definitive treaty of peace.
To Thomas Jefferson, August nth .... 5
The definitive treaty — Dana's mission to Russia — Ratification
of treaty with Sweden — The peace establishment — Fate of the
budget.
To Edmund Randolph, August I2th .... 8
Penurious spirit of Massachusetts — Statue voted for General
Washington — His counsel sought.
To Edmund Randolph, August i8th .... 9
Seat of Government — Letters from Laurens — South Carolina
agrees to the impost.
To Edmund Randolph, August 24th 10
Carleton's evacuation of New York.
To Edmund Randolph, August 3Oth . . . . n
British pamphlet on the subject of commercial treaty — Seat of
Federal Government.
To James Madison, August 3Oth . . . . 13
Evacuation of New York — Seat of Federal Government.
vi CONTENTS OF VOL UME II.
To James Madison, September 8th .... 14
His mother's health — His slave Billy.
To Edmund Randolph, September 8th . . . 15
The definitive treaty — Seat of Federal Government — Sale of
land warrants in Virginia.
To Edmund Randolph, September I3th ... 17
Prospects of a commercial treaty.
To Edmund Randolph, September 2Oth . . . 18
The Virginia cession.
To Thomas Jefferson, September 2Oth . . . 18
Territorial cession and seat of Federal Government — Personal
plans — The peace establishment — Election of a secretary to
Congress — A tax on department of finance — Investigations of
mutiny.
To Edmund Randolph, September 3Oth ... 22
Reception of the Dutch Minister — Rule concerning prizes.
To Edmund Randolph, October I3th ... 24
Permanent seat of Congress — Arrival of Van Berkel.
-To Thomas Jefferson, December loth ... 27
Attitude of Mason towards the impost and the territorial ces
sion — Prospects of a convention for revising the Form of gov
ernment — Course of reading — Shape of the earth.
1784.
To Edmund Randolph, March loth .... 30
Course of reading — Extradition case of George Hancock.
-To Thomas Jefferson, March i6th .... 34
Obligation to ratify a Minister's act — Number of votes neces
sary to ratify a treaty of peace — Cession of territory — The
Virginia council of State — Free navigation of the Potomac and
boundary of Maryland — Negotiations with Maryland proposed
— Books on government — Pair of spectacles ordered — Extra
dition with South Carolina.
To Thomas Jefferson April 25th .... 46
Movements of Mazzei — Mazzei's opinion of public men —
Navigation of the Potomac — Subterraneous city in Siberia.
^
CONTENTS OF VOLUME II. vii
PAGE
James Madison, May I3th ..... 50
Jefferson's appointment.
To Thomas Jefferson, May I5th . . . . 51
Revisal of State constitution — Election of Speaker.
To James Madison, June 5th ..... 52
Tobacco accounts.
To James Madison, June 24th ..... 53
Tobacco accounts.
Notes of speech on proposed amendment to Virginia
constitution, June ....... 54, n.
To Thomas Jefferson, July 3d ..... 56
Taxation in Virginia — Ports of entry — Agitation for federal
convention — General assessment for religious purposes pro
posed — Sale of public lands — Efforts for Thomas Paine —
Negotiations with Maryland for Potomac — Education of Jeffer
son's nephew — Confusion in revenue department.
To George Washington, August I2th ... 63
Efforts in behalf of Thomas Paine.
To Thomas Jefferson, August 2Oth .... 64
Footing of the British debts — Ports of entry — Prices in Vir
ginia — The damage to crops — Free navigation of the Missis
sippi — Spain will not persist in her present attitude — Discussion
of the subject — Jobs for Kentucky lands— Education of Jeffer
son's nephew.
To James Madison, September 6th .... 76
Journey with Lafayette.
To Thomas Jefferson, September 7th ... 77
Journey with Lafayette — Opinion of his talents.
To Thomas Jefferson, October I ith .... 79
Trip to Ft. Stanwix— Treaty with the Indians.
To Thomas Jefferson, October I7th .... 82
Negotiations by Lafayette with Indians.
To James Monroe, November ..... 87
Changes in the council.
Notes of speech against assessments for support of
religion, November ..... 88
viii CONTENTS OF VOL UME II.
To James Monroe, November I4th .... 89
Proposed treaties with Southern Indians — Surveys of Poto
mac and James rivers — General assessment.
To James Monroe, November 2/th .... 91
New York's negotiations with the Indians — Authority of
^ Congress and of the States — Insult to Marbois — Bill for re
ligious assessment.
To James Madison, November 2/th .... 94
Bill for confirming surveys.
To James Madison, December 3d .... 95
Payment of British debts — Bill for general assessments.
To James Monroe, December 4th .... 96
Establishment of circuit courts — Bill to carry out treaty of
peace — General assessments — Bust of Lafayette.
To James Monroe, December 24th .... 98
Rejection of Impost — Act to surrender fugitives from justice
— Bill for assize courts — General assessment.
To Richard Henry Lee, December 25th ... 99
Rejection of impost — Continental convention project.
Resolutions touching the navigation and jurisdiction
of the Potomac, December 28th .... 100
Bill for opening roads ioi,n.
1785.
Thomas Jefferson, January 9th . . . .102
Acts passed by the Assembly — British debts — Difficulty of
adjourning the House — Rejection of the impost — Changes in
the Government — Amendment of State constitution — Education
of Jefferson's nephews.
To Marquis de Lafayette, March 2oth . . .120
Free navigation of Mississippi — Settlements of Western
territory — Discussion of the Mississippi question — Kentucky's
desire for independent government.
To James Munroe, March 2ist 127
Office of Foreign Affairs — Independence of Kentucky.
CONTENTS OF VOLUME II.
PAGE
To James Monroe, April I2th 129
John Adams's appointment — Maury's station — Asks for news
about impost — Changes in articles of confederation — General
assessment — Cypher.
To Thomas Jefferson April 2/th . . . .132
Books desired — Tax on transfers of land — Kentucky conven
tion — Washington's shares in Potomac and James River com
panies — Meeting of Virginia Potomac Commissioners with
Maryland Commissioners — General assessment — Opposition to
Harrison — Mississippi question — Jefferson's nephews — Prices
of grain, tobacco and fruit.
To James Monroe, April 28th ..... 142
Result of elections — Disorders of currency.
To James Monroe, May 2Qth 143
The western posts and the Mississippi question — Separation of
Kentucky — Allotment of land for religious purposes — Gen
eral assessment.
To James Monroe, June 2ist 146
General assessments — Commissioners from Georgia to Gover
nor of New Orleans — Commercial discontent in Boston — Prices
of tobacco — The port bill and Arthur Lee.
To Richard Henry Lee, July /th .... 149
Separation of Kentucky — Arrival of Gardoqui — Conditions of
trade.
To Edmund Randolph, July 26th . . . .152
General assessment — Negotiations with Maryland — Remon
strance against general assessments — Desire to live without
slaves.
To James Monroe, August 7th 155
Regulations of trade — Policy of Great Britain.
To Thomas Jefferson, August 2Oth .... 160
Machinations of Great Britain with regard to commerce —
Want of federal spirit — Growth of internal trade— Estimate of
Lafayette — General assessment — Crops of corn and tobacco.
To Caleb Wallace, August 23d . . . . .166
Ideas of constitution.
CONTENTS OF VOL UME II.
PAGE
To Thomas Jefferson, October 3d .... 178
Federal finances — Requisitions of Congress — Federal author
ity to regulate trade — Arrival of Franklin — Washington's in
terest in the Potomac — Rumsey's invention.
Memorial and remonstrance against religious assess
ments 183
\ To George Washington, November nth . . . 191
Harrison's election — Arthur Lee's election — The revised code
— Project for general manumission — Assize and port bills.
To James Madison, November i8th .... 194
Progress of the revisal — Delegates to Congress for 1786.
Notes for speech in the Virginia House of Delegates
on commercial regulations, November . . 194
To George Washington, December 9th . . . 196
Discussion of commercial propositions — Harmony in com
mercial regulations between Maryland and Virginia — Progress
of the revisal — Assize and port bills — Separation of Kentucky.
To James Monroe, December 9th .... 201
Federal power over trade — Convention of Commissioners
from the States for deliberating on commerce — Progress of the
revisal — The Memorial of Kentucky.
To Ambrose Madison, December I5th . . . 203
Rejection of the assize bill — Repeal of the act permitting
masters to free their slaves.
To James Monroe, December I7th .... 204
Defeat of the assize bill — Progress of the bill for establishing
religious freedom.
To James Monroe, December 24th .... 205
Proceedings of the Assembly — Bill for payment of British
debts — Bill for reforming the county courts.
To James Madison, December 24th .... 207
/> Bill for payment of British debts — Price of tobacco — Bill for
establishing religious freedom — Personal debts.
To James Madison, December 27th .... 209
To James Monroe, December 3Oth .... 210
Discussion of British debts — Disparagement of the treaty of
peace — Reform of the county courts.
CONTENTS OF VOLUME II. xi
1786.
PAGE
Petition against Church Establishment . . . 212
To Thomas Jefferson, January 22<d . . . .214
Jefferson's notes on Virginia — Close of the session of the As
sembly — Review of acts passed.
To James Monroe, January 22d .... 222
Close of the session of the Assembly — Amendment of the
port bill not passed — Failure of navigation system — Appoint
ment of commissioners to meet commissioners from other States
to discuss commercial regulations — Requisitions of Congress.
To Thomas Jefferson, March i8th .... 224
Plans for Virginia capitol — Review of books received — Com
mercial convention to meet at Annapolis — Commercial evils —
Danger of foreign machinations — Prices of tobacco and grain —
Account for books with Jefferson.
To James Monroe, March igth 231
Joint land purchase — Vices of the confederation — Prospects
of the convention.
To James Monroe, April Qth 234
Joint land purchase — Gloomy prospects for continuance of
Union.
To Thomas Jefferson, May I2th .... 236
Jefferson's notes on Virginia — Inscription on Houdon's statue
of Washington — Results of State election — Mason's attitude —
Internal situation in Virginia — Indian warfare in Kentucky —
Discussion of Buffon.
To James Monroe, May I3th 242
Prospects of Annapolis convention — Mason's anti-federal
prejudices.
To James Monroe, June 4th 244
Kentucky separation — Indebtedness of the people.
To Thomas Jefferson, June igth .... 246
Populousness and means of subsistence — Crop conditions —
Desires book on chemistry — Comparison of weasel with belette
and ermine.
To James Monroe, June 2ist 253
The Mississippi question.
xii CONTENTS OF VOLUME II.
PAGE
To Thomas Jefferson, August I2th .... 257
Crop conditions — Improvement of navigation of Potomac —
General rage for paper money — Convention for amending the
confederation — Danger from closing the navigation of the Mis
sissippi — Invites Jefferson to share in land purchases.
To James Monroe, August I7th 268
The Mississippi question.
To Ambrose Madison, September 8th . . . 269
Needs money — The Annapolis meeting.
To James Monroe, September nth .... 270
The Mississippi question — Results of the Annapolis meeting.
To James Monroe, October 5th 272
The Mississippi question — Joint purchases of land — Requests
time to repay Monroe's loan.
To James Monroe, October 3Oth .... 275
The Mississippi question in the legislature — Candidates for
Governor of Virginia.
To James Madison, November 1st . . . 276
Paper money discussed in Legislature — Danger from Indians
— The Mississippi question.
Speech in the Virginia House of Delegates on Paper
Money . 279
To George Washington, November 1st . . 282
Paper money — The Mississippi question.
To George Washington, November 8th . . . 283
Agreement to Annapolis recommendation — Elections in Vir
ginia.
To Henry Lee, November 9th 284
Lee's defeat for Congress.
From Henry Lee, December 2Oth .... 284, n.
His defeat for Congress.
To James Madison, November i6th .... 286
Currency bills.
To Henry Lee, November 23d 286
Friendship for Lee — Causes of Lee's defeat.
CONTENTS OF VOLUME II. xiii
PAGE
To James Madison, November 24th .... 289
Tobacco receivable for taxes.
To Thomas Jefferson, December 4th .... 289 ^
Compliance with recommendation of Annapolis meeting —
Deputies for Virginia — The Mississippi question — Rejection of
repudiation scheme — The revised code — Education bill — Re
form of courts — Treasury empty — Harrison's defeat — Prices.
To George Washington, December 7th . . . 295
Washington's selection as a delegate to the federal conven
tion — The Mississippi question — Henry's anti-federalism — To
bacco as a commutable.
To James Madison, December i/th .... 298
Rates of indents — Personal movements.
To James Monroe, December 2ist .... 299
Pays Monroe $100 — No news about federal convention.
To George Washington, December 24th . . . 300
Washington's acceptance of service in the federal convention
— Tobacco as a commutable.
1787.
To Edmund Pendleton, January 9th .... 303
Reform of the courts — The revised code — Rage for high
duties — Sedition in Massachusetts.
To Thomas Jefferson, February 1 5th . . . . 307
Proceedings of legislature since December 4th — Jefferson's
personal affairs.
To George Washington, February 2ist . . . 313
Infractions of treaty of peace — Prospects of federal conven
tion — Commotion in Massachusetts quelled.
To Edmund Pendleton, February 24th . . .316
Conditions in Massachusetts — Prospects of federal convention
— States which will send delegates — Failure of the requisitions.
To George Washington, March i8th .... -236-
Vocabulary of Choctaw and Cherokee Indians for Empress
of Russia — Delegates to federal convention — Conditions in
Massachusetts — The Mississippi question.
xiv CONTENTS OF VOLUME II.
^ PAGE
To Thomas Jefferson, March iQth (i8th) ... 324
Delegates to federal convention — Outlined plan for the new
system.
To Thomas Jefferson, March iQth .... 328
The Spanish treaty and the Mississippi question — Protest of
Van Berkel against Virginia privileges to France — Lincoln's
expedition in Massachusetts — The Vermont question — Surveys
of federal lands — Paper money in Virginia.
To Edmund Randolph, March 25th .... 333
Henry's anti-federalism — The Floridas — Jay's report on treaty
of peace.
To James Madison, April 1st 334
Deputies to the approaching convention — The Mississippi
question.
To Edmund Randolph, April 8th .... 336
Discusses plan of constitution.
To Edmund Randolph, April i5th .... 341
Washington as a delegate to the convention — Enforcement
of treaty of peace — Seat of Congress — Spanish treaty.
To George Washington, April i6th .... 344
Discusses plan of constitution — Proceedings of Congress.
To James Monroe, April iQth 352
Seat of Congress.
To Edmund Pendleton, April 22d .... 353
Spirit of Massachusetts — Prospects of the convention — En
forcement of treaty of peace — Disposal of Western lands —
Copper coinage agreed upon — Affairs with Spain.
To Thomas Jefferson, April 23d .... 357
Jay's report agreed to — Review of proceedings of Congress —
Prospects of the convention.
Vices of the political system of the United States, 361
On Ancient and Modern Confederacies . . . 369
t-~-Qrigin of the Constitutional Convention . . . 391
CHRONOLOGY OF JAMES MADISON.
1783-1787.
1783.
July to jn attendance on Congress.
Dec.
Back in Orange.
Leaves Orange for Richmond.
1784.
May 13. *n the House of Delegates.
1784. Makes a Speech in favor of amending the State
June. constitution.
1784. Madison's bill for joint commissioners with Maryland
June 28. to regulate navigation of the Potomac passed.
1784. Madison appointed a commissioner for Virginia.
July r. Assembly adjourns.
1784.
^ At home in Orange.
1784. Makes journey from Baltimore with Marquis de
Sept. i. Lafayette.
1784.
Sept 4. Arrives in Philadelphia.
Se t « ^n Journey to Indian treaty at Fort Schuyler with
to Oct Marquis de Lafayette.
y 4* Arrives in New York on his way to Virginia.
Oct. n.
i7»4. In Philadelphia.
xvi CHRONOLOGY OF
Attends session of the Assembly in Richmond.
_J Makes speech against assessments for religious pur
poses.
Madison's resolutions giving Potomac commissioners
Dec '28 authority to ask co-operation of Pennsylvania in trade
regulations passed.
- g Assembly adjourns.
1785-
Mar. to At Home in Orange.
Sept.
I785- Outlines plan of constitution for Kentucky to Caleb
Aug. 25. Wallace.
1785.
Sept. Goes to Philadelphia.
1785. Writes the "Memorial and Remonstrance against Re-
Oct. ligious Assessments."
1785. Attends session of Assembly in Richmond.
Nov. Speaks on commercial regulations.
1786. Writes remonstrance against incorporation of Episco-
Jan. pal church.
Madison's bill for federal convention to consider
Jan 21 commercial regulations passed and Madison named
as a delegate.
1786.
Feb. to Assembly adjourns.
Aug.
1786.
Aug. At home in Orange.
T*7$lA
Sept' 5 Goes to Philadelphia.
1786.
Sept ii Arrives in Annapolis.
1786.
Oct - Convention meets.
1786. In Philadelphia in interest of projected federal con-
Oct. 30. vention.
1786. Returns to Richmond.
Nov. Speaks in House of Delegates against paper money.
JAMES MADISON. xvii
1786. Appointed delegate to serve in Congress till the first
Nov. 7. Monday in November, 1787.
1786. Introduces in Assembly resolutions for appointment
of delegates to federal convention.
y7 ' Named as a delegate to the convention.
Tan iq ^ets out from Richmond for New York.
Feb In New York attending Congress.
Mar IQ Outlines plan of constitution to Jefferson.
A r'i 8 Outlines plan of constitution to Edmund Randolph.
Outlines plan of constitution to Washington.
April 16.
2 Leaves New York for Philadelphia.
THE WRITINGS OF
JAMES MADISON.
TO EDMUND RANDOLPH. MAD. MSS.
^, July 8, 1783.
MY DEAR FRIEND, — Yours of the 28 of June like
the preceding one found me at this place, where my
preparations for leaving Cong? will keep me much of
the remainder of my time. The footing on which
the Impost is placed by the Assembly is not an eligi
ble one, but preferable to a total rejection. It is to
be regretted that immediate use was not made of the
impression of the letter from Gen! W. The interval
preceding the next Session will give full scope to
malignant insinuations. The reversal of the award
in the case of Nathan may possibly be just in itself ;
but it will require all your eloquence I fear to shield
the honor of the State from its effects. The Agency
which the Delegation had in the affair will impart no*
small share of the mortification to them. I suppose
the feelings of Mr Jefferson & Mr Harrison also will
not be much delighted by it.
Gen! How is here with a corps of N. England
VOL. II — I
2 THE WRITINGS OF [1783
troops detached by G! W. for the purpose of quelling
the Mutiny. His only employment will now be to
detect & punish the promoters of it. Cong? remain
at Princeton. Their removal from that place will
soon become an interesting question. Not a few
maintain strenuously the policy of returning to this
City in order to obviate suspicions abroad of any
disaffection in the mass of so important a State to the
federal Gov' and to restore mutual confidence with a
State which has of late been so firm in adhering to
federal measures. It is supposed too that a freer
choice might have been made am? the permanent
seats offered by the States, than at a place where the
necessity of a speedy removal w? give undue advan
tage to an offer which happened to be in greatest
readiness for immediate use. The Citizens here in
general regret the departure of Cong?, disavow the
idea that they were unwilling to take arms in defence
of Cong?, and will probably enter into some declara
tion tending to invite their return.
We hear nothing from our Ministers in Europe.
The evacuation of N. York, as to the time seems as
problematical as ever. The sending off the negroes
continues to take place under the eyes & remon
strances of the Inspectors of Embarkations.
TO EDMUND RANDOLPH. MAD. Mss.
PHILAD*, July 15, 1783.
MY DEAR SIR, — Yesterday's post brought me no
letter from you. The contents of the inclosed paper
1783] JAMES MADISON. 3
make up every thing of consequence which I have
for a subject at present. The enquiry into the Mu
tiny has not advanced far enough to bring forth any
discoveries. An address is circulating & will be
generally signed by the Citizens here reciting to Con
gress the proofs they have heretofore given of attach-
me to the foederal Gov' professing a continuance of
that attaching and declaring their readiness to support
the dignity & privileges of Cong?, in case the con-
veniency of this place for transacting the public affairs
s? give it a preference to others untill a final residence
shall be fixed.
Mr Lee arrived here the day before yesterday and
goes to Princeton to-day. Mf Mercer's indisposition
carries him to the Sea board of N. Jersey. My ab
sence not producing any chasm in the representation
and some private business requiring my stay here, I
shall not return to Princeton for 7 or 8 days.
TO EDMUND RANDOLPH. MAD. MSS.
[July 28, 1783.]
MY DEAR SIR, — Yesterday's mail brought me no
letter from you. The Address from the Citizens of
P? came before Cong? on thursday and was referred
to a commf of 5 members. The answer will probably
be a very civil one, but will leave open the question
touching the return of Cong? This question if de
cided at all in the affirmative, must be preceded by
despair of some of the competitors for the permanent
residence, almost all of whom now make a common
4 THE WRITINGS OF [1783
cause ag5.1 Philada It is not improbable that when
the urgency of the scanty accommodations at Prince
ton comes to be more fully felt, with the difficulty of
selecting a final seat among the numerous offers, N.
Y. in case of its evacuation may be brought into rival-
ship with Philada for the temporary residence of Con
gress. My own opinion is that it would be less
eligible as removing every thing connected with Cong? ,
not only farther from the South but farther from the
Center, and making a removal to a Southern position
finally more difficult than it would be from Philada.
Williamsb? seems to have a very slender chance as far
as I can discover. Annapolis I apprehend w? have a
greater number of advocates. But the best chance
both for Maryland & Virga, will be to unite in offer
ing a double jurisdiction on the Potowmack. The
only dangerous rival in that case will be a like offer
from N. J. & Pa on the Delaware ; unless indeed
Cong? s? be carried to N. York before a final choice
be made in which case it would be difficult to get
them out of the State.
In order to prepare the way to their permanent
residence Cong? have app? a Com? to define the juris
diction proper for them to be invested with.
Williamsb? has asked an explanation on this point.
The nearer the subject is viewed the less easy it is
found to mark the just boundary between the
authority of Cong? & that of the State on one
side & on the other between the former & the privi
leges of the inhabitants. May it not also be made a
question whether in constitutional strictness the gift
1783] JAMES MADISON. 5
of any State, without the Concurrence of all the rest,
can authorize Cong? to exercise any power not dele
gated by the Confederation 1 As Cong? it would
seem are incompetent to every act not warranted by
that instrument or some other flowing from the same
source. I wish you could spare a little attention to
this subject & transmit your ideas on it. Contrary
to my intention I shall be detained here several weeks
yet, by a disappointing in some circumstances which
must precede my setting out for Virgf.
There is considerable ground to believe that
Carleton is possessed of the definitive Treaty. He
has lately sent Cong? several depositions relative to
forgeries of Mr. Morris' Notes, the authors of which
he has confined in N. York, & has requested that
persons may be sent in to attend the examination.
The Court Martial is still proceeding in the
investigation of the Mutiny, but have disclosed no
result.
TO THOMAS JEFFERSON.
PHILAD*, Aug. n* 1783.
MY DEAR SIR, — At the date of my letter in April
I expected to have had the pleasure by this time of
being with you in Virginia. My disappointment has
proceeded from several dilatory circumstances on
which I had not calculated. My journey to Virg*
tho' still somewhat contingent in point of time can
not now be very long postponed. I need not I trust
renew my assurance that it will not finally stop on this
side of Monticello.
6 THE WRITINGS OF [1783
The reserve of our foreign Ministers still leaves us
the sport of misinformations concerning the def:
Treaty. We all thought a little time ago that it had
certainly arrived at N. York. This opinion however
has become extinct, and we are thrown back on the
newspaper evidence which as usual is full of contra
dictions. The probability seems to be that the delay
arises from discussions with the Dutch. Mr. Dana
has been sorely disappointed in the event of his
announcing himself to the Court of Russia. His
written communications obtain verbal answers only &
these hold up the Mediation to which the Empress,
with the Emperor of G[erman]y have been invited as
a bar to any overt transaction with the U. S. and
even suggest the necessity of new powers from the
latter of a date subsequent to the acknowledgment of
their Sovereignty by G. B. Having not seen the
letters from Mr. Dana myself, I give this idea of them
at second hand, remarking at the same time that it
has been taken from such passages only as were not
in Cypher ; the latter being not yet translated.
Cong? remain at Princeton utterly undecided both as
to their ultimate seat and their intermediate residence.
Very little business of moment has been yet done
at the new Metropolis, except a ratification of the
Treaty with Sweden. In particular nothing has been
done as to a foreign establishment. With regard to
an internal peace establishment, though it has been
treated with less inattention, it has undergone little
discussion. The Commander-in-Chief has been in
vited to Princeton with a view to obtain his advice
1783] JAMES MADISON. 7
and sanction to the military branches of it, and is
every day expected there. The Budget of Congf is
likely to have the fate of many of their other pro
positions to the States. Delaware is the only one
among those which have bestowed a consideration on
it that has acceded in toto. Several Legislatures have
adjourned without giving even that mark of their
condescension. In the Southern States a jealousy of
Congressional usurpations is likely to be the bane of
the system : in the Eastern an aversion to the half-
pay provided for by it. New Jersey & Maryland have
adopted the impost, the other funds recommended
being passed for one year only by one of these States,
and postponed by the other. P* has hitherto been
friendly to liberal and fcederal ideas and will continue
so, unless the late jar with Cong? sd give a wrong
bias of which there is some danger. Mass1.5 has in the
election of Delegates for the ensuing year stigmatized
the concurrence of those now in place, in the provision
for half-pay, by substituting a new representation ;
and has sent a Memorial to Cong5 which I am told is
pregnant with the most penurious ideas not only on
that subject but on several others which concern the
national honor & dignity. This picture of our affairs
is not a flattering one ; but we have been witnesses of
so many cases in which evils & errors have been the
parents of their own remedy, that we cannot but view
it with consolations of hope. Remind Miss Patsy of
my affection for her & be assured that I am Dy Sir
Yf Sincere friend
8 THE WRITINGS OF [1783
TO EDMUND RANDOLPH.
PHILAD*, Aug: 12, 1783.
DEAR SIR, — The arrival of yesterday's mail has not
enabled me to acknowledge the red of a favor. Per
haps the post office may be again in fault.
Our late belief of the arrival of the Defin: Treaty at
N. York has become utterly extinct. From the tenor
of the Newspapers the delay seems to be the effect of
discussions with the Dutch. The inclosed letter from
our friend Hawkins provides for the article of Russian
intelligence. I understand from Mr. Mercer who is
here on business as well as myself that Mr. Dana's
despatches were in part undecyphered when Mr.
Hawkins' transcript was made. The Legislature of
Mats have sent a memorial to Congress wearing a
very unpropitious aspect on the grant of \ to the
army and in other respects breathing a penurious
spirit which if indulged will be fatal to every establish
ment that requires expence. They profess great
poverty, and have declined any decision on the
Revenue propositions of Cong8. Rhode Island did
not even bestow a consideration on them. Mr.
H[owel]l from the latter State after being informed of
the course taken by V* said that her backwardness
very much emboldened the States that were disin
clined to a Gen! Revenue. Cong? have voted Gen1
W. an elegant Bronze Statue. He has been invited to
Princeton as well to relieve him from the tedium
which he surfers on the North River as to make use
of his Counsel in digesting a peace Establishm1. We
shall probably be reinforced by Mr. Jones in a few
1783] JAMES MADISON. g
days. I shall give you notice when my departure
will make it proper for your correspondence to be
discontinued.
TO EDMUND RANDOLPH. MAD. MSS.
PHILAD* Aug 18, 1783.
DEAR SIR, — I have not this week any more than
the last the pleasure of acknowledging a favor from
you. Perhaps I may find one at Princeton when I
get there. On thursday a question for returning to
Philada was put and decided in the Negative by a
large majority. The friends of the measure fore
seeing its fate, and supposing that a negative declara
tion cd. answer no good purpose and might an ill one,
withdrew it. The more moderate opponents con
curred in the inexpediency of proclaiming unneces
sarily an aversion in Cong8 to Philada. But some of
this class were so keen in their hostility, that a
motion was made by two of them to return, who on
the question voted agst their own motion. The public
will not I believe fix on this proceeding as one of the
brightest pages of the Journals? The abuses to
which such an artifice may be extended are palpable.
The merit of it in this application belongs to Mr.
Howel of R. I. and Mr. B[lan]d of V. The motion
was first made by Mr. L[ee] but in the course of the
transaction devolved on Mr. Howel. I know of none
that will read with pleasure this affair unless it be the
Executive of Pa and those who wish to refer the
removal of Cong5 to other motives than the national
dignity & welfare.
io THE WRITINGS OF [1783
Cong5 have letters from Mr. Laurens of the i7th
June but they decide nothing as to the definitive
Treaty. We have no reason, hower, to impute the
delay to any cause which renders the event suspicious.
It is said that the British Councils grow more & more
wary on the subject of a Coiner1 Treaty with the U.
S. and that the spirit of the Navigation act is likely
to prevail over a more liberal system.
S. Carolina we learn has agreed to the Impost on
condition only that the revenue be collected by her
own officers, & be credited to her own quota. It is
supposed that she will agree to exchange the valua
tion of land for the proposed rule of numbers. But
on this point R. I. was more inflexible than on that of
the Impost. I pity from my heart the officers of the
Eastern line who are threatened by these prospects
with disappointments which the Southern officers have
no Idea of. From much conversation which I have
lately had with some of the former, and from other
information, there appears great reason to believe
that if no continental provision be made for them they
will not only be docked of their half-pay, but will run
great hazard of being put off with regard to a great
share of their other pay on the pretence of their
States that they have already advanced beyond their
proportion.
I expect Mr. Jones every moment.
TO EDMUND RANDOLPH. MAD. MSS.
PHILAD* Aug 24, 1783.
MY DEAR SIR, — Mr. Jones who arrived the begin
ning of the week acquainted me with your abortive
1783] JAMES MADISON. 1 1
mission to Maryland which I had not before heard of.
To this absence from Richmond I impute your silence
by the late mails. I hope for the pleasure of a line
by the mail now on its way, which will not however
be acknowledged till the ensuing week as I am about
returning to Princeton when it will find me too late
for the post of this week. All that I have now to tell
you is that Sr G. Carleton has notified to Cong5 his
having received orders for the evacuation of N. York
but he specifies no time fixed either by the orders or
by his own plans. He repeats his lamentations
touching the Loyalists and insinuates that the pro
ceedings of the people agst them are a proof that little
or no gov1 exists in the U. States.
With great affection I am yr frd & Svt
TO EDMUND RANDOLPH. MAD. MSS.
PRINCETON, Aug 30, 1783.
MY DEAR SIR, — We hear nothing from Europe that
can be depended on relative to the definitive Treaty,
nor any thing from N. York as to the time it will be
evacuated. A Pamphlet has lately come over from
G. Britain which appears to be well adapted to retard
if not prevent a commercial Treaty, & which is said
to be much attended to. It urges an adherence to
the principle of the Navigation Act by which Ameri
can Vessels will be excluded from the trade between
the separate parts of the Empire, and from all inter
course with the dependent territories. It undertakes
to shew from an enumeration of the produce of the U.
S. & the manufactures consumed by them, that those
12 THE WRITINGS OF [1783
of G. B. recommended by the superior credit which
her Merchants can give, will be sufficiently sure of a
preference in the American Market. And lastly it
maintains that the interests of the States are so
opposite in matters of Commerce, & the authority of
Cong5 so feeble that no defensive precautions need be
feared on the part of the U.S. and threatens that in case
they should refuse to let British Vessels exclusively
carry on a Commerce between the U. S. and the W.
Indies as far as the interest of the Islands may require,
the vessels of one State shall not be permitted to carry
the product of another to any British Port. The
Whole tenor of the reasoning supposes that France
will not permit Vessels of the U. S. to trade with their
Islands in which there is good reason to believe they
are not mistaken. The object of the French Admin
istration is said to be to allow a direct trade between
the U. S. & their W. India possessions, but to confine
it to French Bottoms.
The Legislature of Penna have unanimously adopted
the RecoiTiendations of Cong5 both as to Revenue & a
change of the federal rule for apportioning the com
mon burdens. They will also present an invitation to
Cong5 we understand, to resume their Sessions at
Philada, if that place be judged most fit for the de
spatch of public business, untill a permanent seat be
chosen & prepared ; giving at the same time explicit
assurances of support in case it should on any occa
sion be needed. What effect this conciliatory propo
sition may have on the temper of Cong5 is precarious.
With some the complaisance shewn to the late recom-
1783] JAMES MADISON. 13
mendations of Cong? will be far from softening the
dislike. With others Philada will ever be obnoxious
while it contains and respects an obnoxious Character.
Annapolis has seized the present occasion to forward
her views with respect to Cong?, and has courted their
presence in the most flattering terms. During this
contest among the rival seats, we are kept in the most
awkward situation that can be imagined ; and it is the
more so as we every moment expect the Dutch Am
bassador. We are crowded too much either to be
comfortable ourselves or to be able to carry on the
business with advantage. Mr. Jones & myself on our
arrival were extremely put to it to get any quarters at
all, and are at length put into one bed in a room not
more than 10 feet square.
TO JAMES MADISON. MAD. MSS.
PRINCETON Aug : 30, 1783.
HOND SIR, — I rec? great pleasure from your's reed,
by the last post which removed the apprehensions ex
cited by your preceding one regarding the state of my
mother's health. I hope this will find her still fur
ther recovered. The time of my setting out for
Virg? is still somewhat precarious : several matters
being before Cong? which I wish to see first decided.
An answer to this if not delayed will probably find me
here.
The definitive Treaty is not yet come over. ST G.
Carlton has notified to Cong? his receipt of final or
ders for the evacuation of N. York, but fixes no time
i4 THE WRITINGS OF [1783
at which they are to be carried into execution. Gen!
Washington has been here some days at the invitation
of Cong! & will be consulted on the provision neces
sary in time of peace for the security of this country.
I inclose you one of the latest papers containing the
address of the Preside to the assembly of Pen? The
latter have unanimously acceded to the late recofh-
endations of Cong! with respect to revenue, and a
change of the rule for apportioning the common bur
dens. It is said they are also about to address Cong!
on the event which occasioned their removal, & to
provide expressly for the protection of Cong! in case
they s? deem Philad? the fittest place for the tran
saction of business untill a final residence shall be
chosen. What effect this may have is uncertain. We
are exceedingly crowded in this place ; too much so
both for our own comfort & for the despatch of busi
ness. M' Jones & myself are in one room scarcely
ten feet square & in one bed. With the best regards
for all the family
I am yr. dutiful son
TO JAMES MADISON. MAD. MSS.
PHiLADf Sepr 8. 1783.
HOND SIR, — Mr Jones & myself being here trans
acting some private business which brought us from
Princeton the end of last week, I here receive your
letter of the 22? ult. The favorable turn of my
mother's state of health is a source of great satisfac
tion to me, and will render any delay in my setting
out for Virg* the less irksome to me. I shall return
1783] JAMES MADISON. 15
to Princeton tomorrow ; m}' final leaving of which
will depend on events, but can not now be at any very
great distance. On a view of all circumstances I have
judged it most prudent not to force Billey back to
V? even if [it] could be done ; and have accordingly
taken measures for his final separation from me. I
am persuaded his mind is too thoroughly tainted to
be a fit companion for fellow slaves in Virgf The
laws here do not admit of his being sold for more than
7 years. I do not expect to get near the worth of
him ; but cannot think of punishing him by transpor
tation merely for coveting that liberty for which we
have paid the price of so much blood, and have pro
claimed so often to be the right, & worthy the pur
suit, of every human being.
We have no later advices from Europe than when
I wrote by Merry Walker.
TO EDMUND RANDOLPH. MAD. MSS.
PHILAD* Sep* 8 1783.
MY DEAR SIR, — Mr Jones & myself having come
down to this city the end of the past week for the
purpose of negociating some pecuniary matters I
am here to date my acknowledgment of your favor
of the 30^ ulto. We return again tomorrow.
The delay of the definitive Treaty although not
fully explained to Congress, excites less disquietude
here than I find it does in Virginia. Our latest
official advices were from Mr. Laurens, of the [seven
teenth] of June. The Conduct of the British adminis
tration was far from explicit, according to his state
1 6 THE WRITINGS OF [1783
of it, but probably proceeded more from the discor
dant materials of which it is composed & doubts as to
the commercial footing on which America ought to be
placed, than from any insidious views. Why indeed
a Commercial Treaty should be made to clog the
Treaty of peace is left to conjecture. Perhaps the
fact may not be true & the delay of the latter may be
owing still to the old cause, to wit, a discussion of the
intricate points with the Dutch. The situation of G.
B. is such that nothing but some signal change in the
aspect of things in this hemisphere can inspire a fresh
disposition for war ; notwithstanding the menacing
tone of Sr G. Carleton.
The Legislature of P* have taken every possible
step to expiate the default of the Executive short of
an impeachment of its members, which the rigor of
some members of Cong? included among the terms
of reconciliation with the State. They have expressly
invited Cong? back, assured them of honorable pro
tection, and given up the State-House with the
appendages for their temporary use. They have also
made German Town a competitor for the permanent
abode of Congress.
The opposition in the N. England States to the
grant of half-pay instead of subsiding has increased
to such a degree as to produce almost a general
anarchy. In what shape it will issue is altogether
uncertain. Those who are interested in the event
look forward with very poignant apprehensions.
Nothing but some continental provision can obtain
for them this part of their reward. * * *
1783] JAMES MADISON. 17
Why did not the Assembly stop the sale of land
warrants ? They bring no profit to the public Treas
ury, are a source of constant speculation on the
ignorant, and will finally arm numbers of Citizens of
other States & even foreigners with claims & clamors
against the faith of Virginia. Immense quantities
have from time to time been vended in this place at
immense profit, and in no small proportion to the
subjects of our Ally. The credulity here being
exhausted I am told the land Jobbers are going on
with their commodity to Boston & other places.
TO EDMUND RANDOLPH. MAD. MSS.
PRINCETON, Sep* 13, 1783.
MY DEAR SIR, — Our Ministers in Europe have
made some amends for ye long silence by volum
inous despatches brought down to 27* July. They
were reel yesterday by Congress. No definitive
treaty had then been signed by any of the parties,
though all had been ready except Holland & America.
The former is said to have settled her difficulties.
The American Ministers have been endeavouring to
incorporate some important commercial stipulations,
but in vain ; and in case of emergency must come for
ward with the provisional articles to be signed as y*
definitive Treaty. The conduct of G. B. in the nego-
ciation with America has shewn great unsteadiness if
not insidiousness on the subject of commerce ; and
the inclosed proclamation of the 2d. of July is a proof
that some experiment is intended on the wisdom firm-
1 8 THE WRITINGS OF [1783
ness & union of the States before they will enter into
a Treaty in derogation of her Navigation Act. Con
gress will probably recomend some defensive plan to
the States. If it s^ meet with the fate of former
recommendations, it will not probably be owing to
Rhode Island whose staple interest more than that of
any others lies in carrying between the U. S. & the
West Indies. If it fails at all it will prove such an
inefficacy in the Union as will extinguish all respect
for it & reliance on it. My situation here for writing
is so incommodious that you must excuse my brevity.
TO EDMUND RANDOLPH. MAD. MSS.
PRINCETON, Sepr 20, 1783.
DEAR SIR, — I have nothing to add to my last on the
subject of foreign affairs, further than that the Court
of France has fixed on L'Orient as a free port for the
U. S. The Virga Cession underwent a decision of
Cong5 a day or two after my last. The form which
they have given it may be seen in the hands of the
Executive. I sincerely hope it may meet the
ultimatum of Virga. The circumstances which pro
duced brevity in my last as strongly recommended it
at present. Adieu.
TO THOMAS JEFFERSON. MAD. MSS.
PRINCETON, Sepr 20, 1783.
DEAR SIR, — Your favor of the 31 ult: came to hand
yesterday. As the reason which chiefly urged my
departure for Virga has ceased I have been led to
protract my attendance on Congress by the interest I
1783] JAMES MADISON. 19
felt in some measures on foot, and the particular in
terest which my Constituents have in them. Two of
these were the territorial Cession and the permanent
seat of Congress. The former was a few days ago
put into a form which I hope will meet the ultimatum
of Virginia. The first monday in next month is fixed
for a decision of the latter ; after which it may still be
necessary to choose a temporary residence until the
permanent one can be made ready. I am utterly un
able to foretell how either of these points will be de
termined. It is not impossible that an effective vote
may be found attainable on neither ; in which case the
Winter must be spent in this village where the public
business can neither be conveniently done, the mem
bers of Congress be decently provided for, nor those
connected with Congress provided for at all. I shall
lose no time in looking out for quarters for you & en
tering into provisional engagements in your favor.
Your other request relative to Miss Patsy shall be
equally attended to as soon as I go to Philada, which
will probably be towards the end of the present week.
It will give me real concern if we should miss one
another altogether in the journies before us ; and yet
I foresee the danger of it. Mr. Jones & myself will
probably be on the road by the middle of next month
or a few days later. This is the time about which
you expect to commence your journey. Unless there
fore we travel the same road a disappointment of
more [than] an interview will be unavoidable. At
present our plan is to proceed thro' Baltimore & Alex
andria & Fredericksbg and we may possibly be at the
20 THE WRITINGS OF [1783
races of the second place. I am at a loss by what
regulation I can obey your wishes with regard to the
notes I have on hand ; having not yet made any
copy of them, having no time now for that purpose,
and being unwilling for several reasons to leave them
all behind me. A disappointment however will be
of the less consequence as they have been much
briefer & more interrupted since the period at which
you run them over, and have been altogether discon
tinued since the arrival of Cong5 here.
My plan of spending this winter in Philad* in close
reading was not entirely abandoned untill Congress
left that City and shewed an utter disinclination to
return to it. The prospect of agreeable and even in
structive society was an original consideration with
me ; and the subsequent one having yours added to
it would have confirmed my intention after the
abortive issue of another plan,1 had not the solicitude
of a tender & infirm parent exacted a visit to Virga
and an uncertainty of returning been thereby in
curred. Even at present if Cong? s? make Philat
their seat this winter & I can decline a visit to Virg?
or speedily get away from it, my anxiety on the sub
ject will be renewed.
Our last information from Europe is dated the 2;th
July. France & Spain were then ready for the
definitive signing of the Peace. Holland was on the
point of being so. The American Plenipo5 had done
nothing on the subject and in case of emergency
1 The allusion is to his rejection the month before by Miss Floyd, a daughter
of William Floyd, of New York.
1783] JAMES MADISON. 21
could only sign the provisional Treaty as final. Their
negotiations had been spent chiefly on commercial
stipulations from which G. B. after very different
professions & appearances, altogether drew back.
The ready admission she found into our commerce
without paying any price for it has suggested the
policy of aiming at the entire benefit of it, and at
the same time saving the carriage of the W. India
trade the price she at first bid for it. The supposed
contrariety of interests among the States and the
impotence of the fcederal Gov', are urged by the
ministerial pamphleteers as a safeguard ags.1 retalia
tion. The other nations of Europe seem to have
more honorable views towards our commerce, sundry
advances having been made to our Ministers on that
subject.
Congress have come to no decision even as yet on
any of the great branches of the peace establishment.
The military branch is supported and quickened by
the presence of the Commander in Chief, but without
any prospect of a hasty issue. The department of
foreign Affairs both internal & external remains as it
has long done. The election of a Sec? has been an
order of the day for many months without a vote
being taken. The importance of the marine depart
ment has been diminished by the sale of almost all
the Vessels belonging to the U. S. The department
of Finance is an object of almost daily attack and
will be reduced to its crisis on the final resignation of
Mr. M., which will take place in a few months.
The War Office is connected with the Military estab-
22 THE WRITINGS OF [1783
lishment & will be regulated I suppose in conformity
to what that may be. Among other subjects which
divide Congress, their Constitutional authority touch
ing such an establishment in time of peace is one.
Another still more puzzling is the precise jurisdiction
proper for Congress within the limitsof their permanent
seat. As these points may possibly remain undecided
till Novr, I mention them particularly that your aid
may be prepared. The investigation of the Mutiny
ended in the condemnation of several Sergeants who
were stimulated to the measure without being apprized
of the object by the two officers who escaped. They
have all red a pardon from Congress. The real plan
& object of the mutiny lies in profound darkness. I
have written this in hopes that it may get to Monti-
cello before you leave it. It might have been made
more interesting if I had brought the Cypher from
Philad% tho' my present situation required a great
effort to accomplish as much as I have. I am obliged
to write in a position that scarcely admits the use of
any of my limbs, Mr. Jones & myself being lodged
in a room not 10 feet square and without a single
accommodation for writing.
I am Dear Sir your sincere friend & Ob1 Serv'
TO EDMUND RANDOLPH. MAD. MSS.
PHILADA Septr 30, 1783.
MY DEAR SIR, — Your favor introducing Mr. Corbin
and that by the last week's post have both been re-
ceivd. The former did not get to Princeton before Mr.
1783] JAMES MADISON. 23
C. had left it, nor did I get to this place before he was
so near leaving it that I had no opportunity of man
ifesting my respect for your recommendations other
wise than by verbal civilities to him. Yesterday's post
brought me no letter from you. In answer to your
comment in the preceding one on the reception of a
Minister from the (Economical Republic to which we
are allied, it will suffice to inform you, that in pursu
ance of a commission from him six elegant horses are
provided for his coach, as was to have been one of the
best houses in the most fashionable part of the City.
Wherever Commerce prevails there will be an in
equality of wealth, and wherever the latter does a
simplicity of manners must decline.
Our foreign intelligence remains as at the date of
my last. I forget whether I mentioned to you that
our Ministers unanimously express surprise at the
doubt started in America as to the epoch which ter
minated hostilities on our Coast. They affirm that
one month from the date of the instrument was
meant & suppose that that exposition will not be con
tested. Pray can your researches inform me Is.1,
Whether prizes made by & from parties not subject
to the power before whose maritime courts they are
carried, are provisionally or finally tried? — 2d. How
far the rules established by the Sovereign of the
Captor & those by the Sovereign of the Courts pre
vail in such trials? 3dly, What difference is made in
cases where both the parties concerned in the capture
are subject to the same power and where they are
subject to different powers ?
1783] JAMES MADISON. 25
a Sovereign authority agst a part of its Constituents
which had fully expiated any offence which they might
have committed ; and at the same time to convert
their penitential and affectionate temper into the bit
terest hatred. To enforce this idea some of the pro
ceedings of Cong5 expressive of resentment ag5'
Philada were made use of. Great stress was also laid
on the tendency of removing to any small or distant
place, to prevent or delay business which the honor
& interest of the U. S. require sd be despatched as
soon as possible. On the other side objections were
drawn from those sources which have produced dis
likes to Philada, and wch will be easily conjectured by
you. On the question N. Y, Pa, Delaware, Virga, &
N. Carolina were ay ; Massts, Con1, R. I., N. Jersey,
no ; and Maryland & S. Carolina, divided. If either
of the divided States had been in the affirmative it
was the purpose of N. Jersey to add a seventh vote in
favor of Philada. The division of S. Carolina was ow
ing to the absence of Mr. Rutledge & Mr. Izard both
of whom would have voted for Phila. The State was
represented by two members only. The division of
Maryland represented by Mr Carroll & Mr McHenry
was occasioned by the negative of the latter, whose
zeal for Annapolis determined him to sacrifice every
consideration to an experiment in its favor, before he
would accede to the vote for Philada. The aversion
of the Eastern States was the ground of his coalition
with them. The arguments in favor of Annapolis
consisted of objections agst Philada. Those agst it
were chiefly the same which had been urged in favor
26 THE WRITINGS OF [1783
of Philada. On the question the States were Massts,
Con1, R. I., Delaware, Maryland & N. C., ay, N. Y.,
N. J. Pa Virga, no. S. C. divided. Virga was repre
sented by Mr. Lee Mr. Mercer & Mr. M. The first
was in the affirmative. Mr. Jones & Mr. Bland were
in Philada. The vote of the latter wd have been in
favor of Annapolis of the former in favor of Philada.
The opinion of Mr. L & Mr. B in favr of Annapolis
resulted from a dislike to Philada, & the idea that the
views of Va would be promoted by it. That of
their colleagues from a belief that the reasons drawn
in favr of Philada, from National considerations reqd
a concession of local views, and even that a recision
of the permanent vote for Trenton in favor of George
Town, the object of Va, would be promoted by
placing the Eastern States in Philada. They also sup
posed that the concurrence of the Eastern States in a
temporary vote for Annapolis to take effect some
weeks hence, was little to be confided in, since the ar
rival of a colleague to the Delegate from N. Hamp
shire would with the accession of Pena, who wd prefer
Trenton to Annapolis & be moreover stimulated by
resentment, would make up seven States to reverse
the removal to Annapolis. Add to the whole that
experience has verified the opinion that in any small
place Cong5 are too dependent on courtesy & favor to
be exempt either in their purses or their sensibility
from degrading impositions. Upon the whole it is
most probable that Philada will be [the] abode of Cong8
during the Winter. I must refer to Mr Jones for ex
planations on all these points, he will be in Richmond
1783] JAMES MADISON. 27
early in the Session. For myself I have engaged to
return to Princeton to attend some interesting points
before Cong5. Having not yet settled my arrange
ments for the Winter I must for the present be silent
as to my [torn out] situation. Mr. Van Berkel ar
rived a few days [torn out]. Cong8 are in a charming
situation to receive him, being in an obscure village
undetermined where they will spend the Winter, and
without a Minister of F. A. After the rece of this
you will stop your correspondence, and probably not
hear further from me. I set off tomorrow morning at
3 oClock in the Flying Machine for Princeton, and it
is now advancing towards the hour of sleep. In haste
adieu My dear friend and be assured that I am Yrs
Sincerely.
TO THOMAS JEFFERSON. MAD. MSS.
ORANGE Decemr ioth> 1783.
DEAR SIR, — My journey from Annapolis was so
retarded by rains and their effect on the water courses
that I did not complete it till the ninth day after I left
you. I took1 Col. Mason in my way & had an
evening's conversation with him. I found him much
less opposed to the general impost than I expected.
Indeed he disclaimed all opposition to the measure it
self but had taken up a vague apprehension that if
adopted at this crisis it might embarrass the defence
of our trade agst British machinations, he seemed
upon the whole to acquiesce in the territorial cession,
1 Cypher represented by italics.
28 THE WRITINGS OF [1783
but dwelt much on the expediency of the guaranty.
On the article of a convention for revising our form
of Government he was sound and ripe and I think
would not decline a participation in the work. His
heterodoxy lay chiefly in being too little impressed with
either the necessity or the proper means of preserving
the confederacy.
The situation of the commerce of this country as
far as I can learn is even more deplorable than I had
conceived. It cannot pay less to Philad? & Baltimore
if one may judge from a comparison of prices here &
in Europe, than 30 or 40 Per O on all the exports &
imports, a tribute which if paid into the treasury of
the State would yield a surplus above all its wants.
If the Assembly should take any steps towards its
emancipation you will no doubt be apprized of them
as well as their other proceedings from Richmond.
I am not yet settled in the course of law reading
with which I have tasked myself and find it will be
impossible to guard it against frequent interruptions.
I deputed one of my brothers to Monticello with
the draught on your library, but Capt. Key was
down at Richmond. As soon as he returns I propose to
send again. My Trunk with Buffon &c. has come
safe to Fred? so that I shall be well furnished with
materials for collateral reading. In conversing on
this author's Theory of central heat I recollect that
we touched upon as the best means for trying its
validity,1 the comparative distances from the earths
1 See letter of Feby. 17, [1784], shewing Buffon who had been read to have
been misconceived. Note in MSS.
1783] JAMES MADISON. 29
center of the summits of the highest mountains and
their bases or the level of the sea. Does not the
oblate figure of the earth present a much more ex
tensive and perhaps adequate field for experiments ?
According to the calculations of Martin grounded on
the data of Manpertius &c.
The Equatorial diameter of the Earth is... 7942.2 Eng. Miles
The polar diam: 7852.4 E.M.
difference between eq : & pol. diameter. ... 89.8. E.M.
The difference then of the semidiameters is 44.9, E.
miles, that is -gy^ of the mean semidiameter calling
this difference in round numbers 45 miles, and disre
garding the small variations produced by the elliptical
form of the Earth, the radii will be shortened ^ of a
mile by each degree from the equator to the poles.
It would seem therefore that the difference of dis
tance from the center at the Equator & at the highest
latitude that may [be] visited must be sufficient to prod
uce a discoverable difference in the degrees of any heat
emitted equally in every direction from the center :
and the experiment might be sufficiently diversified
to guard against illusion from any difference which
might be supposed in the intermediate density of
different parts of the Earth. The distance even be
tween the Equator & the polar circle produces a
difference of no less than 33^- miles i.e. y^ of the
mean distance from the center ; so that if the curiosity
of two setts of French Philosophers employed in
ascertaining the figure of the earth, had been directed
to this question, a very little additional trouble &
30 THE WRITINGS OF [1784
expence might perhaps have finally solved it. Nay
the extent of the U.S. computing from the 31° of
lat: to the 45° only makes a difference of 7 miles in
the distance from the center of the Earth ; a greater
difference I suppose than is afforded by the highest
mountains or the deepest mines or both put together.
On my delivering you the draught on M.r Ambler I
remember you put into my hands a note which I
never looked into supposing it to relate to that cir
cumstance In examining my papers I perceive that
I have lost it and mention it to put you on your
guard in case the note s? fall into bad hands & be
capable of being abused. Present my respects to
Mf Mercer & the other gentlemen of the Delegation
& be assured that I am yrs sincerely
You will be so good as to give the inclosed a safe
conveyance to Mrs. House.
TO EDMUND RANDOLPH. MAD. MSS.
ORANGE, March lo11?, 1784.
MY DEAR FRIEND, — Your favor of the 27^ Jany. was
safely delivered to me about a fortnight ago, and was
rec? with the greater pleasure, as it promises a con
tinuance of your friendly attention. I am sorry that
my situation enables me to stipulate no other return
than sincere & thankful acknowledgments. — On my
arrival here which happened early in Dec!" I entered
as soon as the necessary attentions to my friends ad
mitted, on the course of reading which I have long
1784] JAMES MADISON. 31
meditated. Co : Litt : in consequence & a few others
from the same shelf have been my chief society dur
ing the Winter. My progress, which in so short a
period could not have been great under the most
favorable circumstances, has been much retarded by
the want of some important books, and still more by
that of some living oracle for occasional consultation.
But what will be most noxious to my project, I am to
incur the interruptions wc.h will result from attendance
in the Legislature, if the suffrage of my County should
destine me for that service, which I am made to ex
pect will be the case. Among the circumstances
which reconcile me to this destination, you need not
be assured that the opportunity of being in your
neighborhood has its full influence.
I have perused with both pleasure and edification
your observations on the demand made by the Exe
cutive of S. C. of a citizen of this State.1 If I were
to hazard an opinion after yours, it would be that the
respect due to the chief magistracy of a confederate
State, enforced as it is by the articles of Union, re
quires an admission of the fact as it has been repre
sented. If the representation be judged incomplete
or ambiguous, explanations may certainly be called
1 George Hancock, a citizen of Virginia, assaulted Jonas Beard, a justice of
the peace and member of the legislature of South Carolina. The Governor of
South Carolina demanded Hancock's surrender from the Governor of Virginia,
under the fourth article of the confederation, charging the assault as a high
misdemeanor. Randolph, as Attorney General of Virginia, thought that Vir
ginia had a right to insist upon proof of Hancock's guilt before taking action,
but that South Carolina's definition of a misdemeanor must be admitted by Vir
ginia, and that flight ought not to secure one from punishment. Randolph to
Jefferson, January 30, 1784, Conway's Randolph, 51.
32 THE WRITINGS OF [1784
for, and if on a final view of the charge, Virginia
should hold it to be not a casus foederis, she will be at
liberty to [withhold her citizen, (at least upon that
ground,) as S. C. will be to appeal to the Tribunal
provided for all controversies among the States.
Should the Law of S. C. happen to vary from the
British Law, the most difficult point of discussion I
apprehend will be, whether the terms " Treason &c."
are to be referred to those determinate offences so
denominated in the latter code, or to all those to which
the policy of the several States may annex the same
titles and penalties. Much may be urged I think
both in favor of and ag5.1 each of these expositions.
The two first of those terms coupled with " breach of
the peace " are used in the 5 Art : of the Confedera
tion, but in a way that does not clear the ambiguity.
The truth perhaps in this as in many other instances,
is, that if the compilers of the text had severally de
clared their meanings, these would have been as
diverse as the comments which will be made upon it.
Waving the doctrine of the confederation, my pres
ent view of the subject would admit few exceptions
to the propriety of surrendering fugitive offenders.
My reasons are these, i. By the express terms of
the Union the citizens of every State are naturalized
within all the others, and being entitled to the same
privileges, may with the more justice be subjected to
the same penalties. This circumstance materially dis
tinguishes the citizens of the U. S. from the subjects
of other nations not so incorporated. 2. The analogy
of the laws throughout the States, and particularly the
1784] JAMES MADISON. 33
uniformity of trial by Juries of the vicinage, seem to
obviate the capital objections ag5.1 removal to the State
where the offence is charged. In the instance of con
tiguous States a removal of the party accused from
one to the other must often be a less grievance, than
what happens within the same State when the place
of residence & the place where the offence is laid are
at distant extremities. The transportation to G. B.
seems to have been reprobated on very different
grounds : it would have deprived the accused of the
privilege of trial by jury of the vicinage as well as of the
use of his witnesses, and have exposed him to trial in
a place where he was not even alledged to have ever
made himself obnoxious to it ; not to mention the
danger of unfairness arising from the circumstances
which produced the regulation. 3. Unless citizens of
one State transgressing within the pale of another be
given up to be punished by the latter, they cannot be
punished at all ; and it seems to be a common interest
of the States that a few hours or at most a few days
should not be sufficient to gain a sanctuary for the
authors of the numerous offences below " high misde-
mesnors." In a word, experience will shew if I mis
take not that the relative situation of the U. S. calls
for a " Droit Public " much more minute than that
comprized in the fcederal articles, and which presup
poses much greater mutual confidence and amity
among the societies which are to obey it, than the law
which has grown out of the transactions & intercourse
of jealous & hostile nations.
Present my respectful compliments to your amiable
VOL. II. — 3
34 THE WRITINGS OF [1784
lady & accept the sincerest wishes for your joint
happiness of
Your affr friend & ob* serv'.
P. S. By my brother who is charged with this I
send Chastellaux's work, de la Felicite public which
you may perhaps find leisure to run through before
May — also a notable work of one of the Representa
tives of the U. S. in Europe.
TO THOMAS JEFFERSON. MAD. MSS.
ORANGE, March 16, 1784.
DEAR SIR, — Your favour of the 20. ult. came duly
to hand a few days ago. I cannot apprehend that any
difficulties can ensue in Europe from the involuntary
& immaterial delay of the ratification of the peace, or
if there should that any imputations can be devised
which will not be repelled by the collective force of
the reasons in the intended protest ; some of which
singly taken are unanswerable. As you no doubt
had recourse to authorities which I have no opportun
ity of consulting, I probably err in supposing the right
of the Sovereign to reject the act of his plenipoten
tiary to be more circumscribed than you lay it down.
I recollect well that an implied condition is annexed
by the usage of nations to a Plenipotentiary Coiriis-
sion, but should not have extended the implication
beyond cases where some palpable & material default
in the Minister could be alledged by the Sovereign.
Waving some such plea, the language both of the
Comission and of reason seems to fix on the latter
1784] JAMES MADISON. 35
as clear an engagement to fulfil his promise to ratify
a treaty, as to fulfil the promises of a treaty which he
has ratified. In both cases one would pronounce the
obligation equally personal to the Sovereign, and a
failure on his part without some absolving circum
stance equally a breach of faith. The project of
affixing the Seal of the U. S. by 7 States to an act
which had been just admitted to require nine, must
have stood self-condemned ; and tho' it might have
produced a temporary deceptidin abroad, must have
been immediately detected at home, and have finally
dishonored the federal counsels everywhere. The
competency of 7 States to a Treaty of Peace has
often been a subject of debate in Congress and has
sometimes been admitted into their practice, at least
so far as to issue fresh instructions. The reasoning
employed in defence of the doctrine has been " that
the cases which require 9 States, being exceptions to
the general authority of 7 States ought to be taken
strictly ; that in the enumeration of the powers of
Congress in the first clause of art : 9 of the Confeder
ation, the power of entering into treaties and alliances
is contradistinguished from that of determining on
peace & war & even separated by the intervening
power of sending & receiving ambassadors ; that the
excepting clause therefore in which ' Treaties & al
liances ' ought to be taken in the same confined sense,
and in which the power of determing on peace is
omitted, cannot be extended by construction to the
latter power ; that under such a construction 5 States
might continue a war which it required nine to com-
36 THE WRITINGS OF [1784
mence, though where the object of the war has been
obtained, a continuance must in every view be equip
ollent to a commencement of it ; and that the very
means provided for preserving a state of peace might
thus become the means of preventing its restoration."
The answer to these arguments has been that the
construction of the fcederal articles which they main
tain is a nicety which reason disclaims, and that if it
be dangerous on one side to leave it in the breast of
5 States to protract a war, it is equally necessary on
the other to restrain 7 States from saddling the Union
with any stipulations which they may please to inter
weave with a Treaty of peace. I was once led by this
question to search the files of Cong? for such lights
as the history of the Confederation might furnish, and
on a review now of my papers I find the evidence
from that source to consist of the following circum
stances : In Doctr Franklin's " Sketch of Articles of
Confederation" laid before Cong* on 21 day of July
1775, no number beyond a majority is required in any
cases. In the plan reported to Congress by the Com
mittee appointed n. June 1776, the general enumer
ation of the powers of Congf in art. 18. is expressed
in a similar manner with the first clause in the present
9^ art., as are the exceptions in a subsequent clause
of the 1 8 art. of the report, with the excepting clause
as it now stands : and yet in the margin of the Report
and I believe in the same hand writing, there is a
" Qu.: If so large a majority is necessary in conclud
ing a Treaty of peace." There are sundry other mar
ginal queries in the report from the same pen. Hence
1784] JAMES MADISON. 37
it would seem that notwithstanding the preceding dis
crimination between the powers of " determining on
peace " and " entering into Treaties," the latter was
meant by the Com? to comprise the former. The
next form in which the articles appear, is a printed
copy of the Report as it had been previously amended,
with sundry amendments, erasures, & notes on the
printed copy itself in the hand of Mr Thomson. In
the printed text of this paper art : 14 the phraseology
which defines the general powers of Congress is the
same with that in art: 18 of the manuscript report.
In the subsequent clause requiring nine States, the
text as printed ran thus : " The United States in
Cong" assembled shall never engage in a war nor
grant letters of marque & reprisal in time of peace,
nor enter into any Treaties or alliances except for
peace," the words except for peace being erased, but
sufficiently legible through the erasure. The fair in
ference from this passage seems to be i. that without
those words 9 States were held to be required for
concluding peace. 2. that an attempt had been made
to render 7 States competent to such an act, which
attempt must have succeeded either on a preceding
discussion in Congress or in a Com*: of the whole, or
a special com*:. 3. that on fuller deliberation the
power of making Treaties of peace was meant to be
left on the same footing with that of making all other
Treaties. The remaining papers on the files have no
reference to this question. Another question which
several times during my service in Cong* exercised
their deliberations was whether 7 States could revoke
38 THE WRITINGS OF [1784
a Commission for a Treaty issued by nine States, at
any time before the faith of the Confederacy should
be pledged under it. In the instance of a proposition
in 1781 to revoke a Commission which had been
granted under peculiar circumstances in 1779 to
Adams1 to form a treaty of commerce witk G. B., the
competency of 7 States was resolved on (by 7 States
indeed) and a revocation took place accordingly. It
was however effected with much difficulty, and some
members of the minority even contested the validity
of the proceeding. My own opinion then was and
still is that the proceeding was equally valid & expe
dient. The circumstances which had given birth to
the comission had given place to others totally dif
ferent ; not a single step had been taken under the
commission which could affect the honour or faith of
the U. S. and it surely can never be said that either
the letter or spirit of the Confederation, requires the
same majority to decline as to engage in foreign
treaties. The safest method of guarding ag5.' the ex
ecution of those great powers after the circumstances
which dictated them have changed, is to limit their
duration, trusting to renewals as they expire, if the
original reasons continue. My experience of the un
certainty of getting an affirmative vote even of 7
States had determined me before I left Congress, al
ways to contend for such limitations.
I thought the sense of the term " appropriation "
had been settled by the latter practice of Cong? to be
the same as you take it to be. I always understood
1 Italics for cypher.
1784] JAMES MADISON. 39
that to be the true, the parliamentary and the only
rational sense. If no distinction be admitted between
the " appropriation of money to general uses " and
" expenditures in detail " the Secretary of Cong?
could not buy quills or wafers without a vote of nine
States entered on record, and the Secretary to the
Come of the States could not do it at all. In short
unless one vote of appropriation can extend to a class
of objects, there must be a physical impossibility of
providing for them ; & the extent & generality of
such classes can only be determined by discretion &
conveniency. It is observable that in the specification
of the powers which require 9 States, the single tech
nical word "appropriate" is retained. In the general
recital which precedes, the word " apply " as well as
" appropriate " is used. — You were not mistaken in
supposing I had in conversation restrained the author
ity of the fcederal Court to territorial disputes, but I
was egregiously so in the opinion I had formed.
Whence I got it I am utterly at a loss to account. It
could not be from the Confederation itself, for words
could not be more explicit. I detected the error a
few days ago in consulting the articles on another
subject, & had noted it for my next letter to you.—
I am not sure that I comprehend your idea of a ces
sion of the territory beyond the Kenhaway and on
this side of the Ohio. As all the soil of value has
been granted out to individuals a cession in that view
would be improper, and a cession of the jurisdiction
to Cong? can be proper only where the Country is
vacant of settlers. I presume your meaning therefore
40 THE WRITINGS OF [1784
to be no more than a separation of that country from
this and an incorporation of it into yf Union ; a work
to which all three must be parties. I have no reason
to believe there will be any repugnance on the part of
Virg* — The effort of Pen? for the Western commerce
does credit to her public councils. The commercial
genius of this State is too much in its infancy I fear to
rival the example. Were this less the case, the con
fusion of its affairs must stifle all enterprize. I shall
be better able however to judge of the practicability
of your hint when I know more of them. — The de
clension of George Town does not surprise me tho' it
gives me regret. If the competition should lie be
tween Trenton & Philad* & depend on the vote of
New York 1 it is not difficult to foresee into which
scale it will be thrown, nor the probable effect of such
decision on our Southern hopes. — I have long re
garded the council as a grave of useful talents, as well
as objectionable in point of expence, yet I see not
how such a reform as you suggest can be brought
about. The Constitution, tho' readily overleaped by
the Legislature on the spur of an occasion, would
probably be made a bar to such an innovation. It
directs that 8 members be kept up, and requires the
sanction of 4 to almost every act of the Governor.
Is it not to be feared too, that these little meliora
tions of the Government may turn the edge of some
of the arguments which ought to be laid to its root ?
I grow every day more & more solicitous to see this
essential work begun. Every days delay settles the
1 Cypher.
1784] JAMES MADISON. 41
Gov' deeper into the habits of the people, and
strengthens the prop which their acquiescence gives it.
My field of observation is too small to warrant any
conjecture of the public disposition towards the meas
ure ; but all with whom I converse lend a ready ear
to it. Much will depend on the politics of Mr.
Henry, wc!* are wholly unknown to me. Should they
be adverse, and G. Mason not in the Assembly haz
ardous as delay is, the experiment must be put off to
a more auspicious conjuncture.
The charter granted in 1732 to Lord Baltimore
makes, if I mistake not, the Southern shore of the Po-
towmac, the boundary of Maryland on that side. The
constitution of Virginia cedes to that State " all the ter
ritories contained within its charter with all the rights
of property, jurisdiction and Government and all other
rights whatsoever, which might at any time have been
claimed by Virginia, excepting only the free naviga
tion & use of the Rivers Potowmac and Pohomoque,
&c." Is it not to be apprehended that this language
will be construed into an entire relinquishment of the
Jurisdiction of these rivers, and will not such a con
struction be fatal to our port regulations on that side,
& otherwise highly inconvenient ? I was told on
my journey along the Potowmac of several flagrant
evasions which had been practiced with impunity &
success, by foreign vessels which had loaded at Alex
andria. The jurisdiction of half the rivers ought to
have been expressly reserved. The terms of the sur
render are the more extraordinary, as the patents of
1 See the letter of July 3d to Jefferson.
42 THE WRITINGS OF [1784
the N. neck place the whole river potowmac within
the Government of Virginia ; so that we were armed
with a title both of prior & posterior date, to that of
Maryland. What will be the best course to repair
the error? — to extend our laws upon the River,
making Maryland the plaintiff if she chooses to con
test their authority — to state the case to her at once
and propose a settlement by negociation — or to pro
pose a mutual appointment of Comissioners for the
general purpose of preserving a harmony and efficacy
in the regulations on both sides ? The last mode
squares best with my present ideas. It can give no
irritation to Maryl? ; it can weaken no plea of Virg* ;
it will give Maryland an opportunity of stirring the
question if she chooses, and will not be fruitless if
Maryland should admit our jurisdiction. If I see the
subject in its true light no time should be lost in fix
ing the interest of Virginia. The good humour into
which the cession of the back lands must have put
Maryland, forms an apt crisis for any negociations
which may be necessary. You will be able probably
to look into her charter & her laws, and to collect the
leading sentiments relative to the matter.
The winter has been so severe that I have never
renewed my call on the library of Monticello, and the
time is now drawing so near when I may pass for a
while into a different scene, that I shall await at least
the return to my studies. Mr. L. Grymes told me a
few days ago that a few of your Books which had
been borrowed by Mr. W. Maury, and ordered by
him to be sent to his brother's, the clergyman,
1784] JAMES MADISON. 43
on their way to Monticello, were still at the place
which Mr. M. removed from. I desired Mr. Grymes
to send them to me instead of the Parson, supposing,
as the distance is less, the books will probably be
sooner out of danger from accidents, and that a con
veyance from hence will not be less convenient. I
calculated also on the use of such of them as may fall
within my plan. I lately got home the Trunk which
contained my Buffon, but have barely entered upon
him. My time begins already to be much less my
own than during the winter blockade. I must leave
to your discretion the occasional .purchase of rare and
valuable books, disregarding the risk of duplicates,
you know tolerably well the objects of my curiosity.
I will only particularize my wish of whatever may
throw light on the general constitution & droit pub
lic of the several confederacies which have existed.
I observe in Boinaud's catalogue several pieces on
the Duch, the German, & the Helvetic. The opera
tions of our own must render all such lights of conse
quence. Books on the Law of N. & N. fall within a
similar remark. The tracts of Bynkershoek, which
you mention I must trouble you to get for me & in
french if to be had rather than in latin. Should the
body of his works come nearly as cheap as these
select publications, perhaps it may [be] worth consider
ing whether the whole would not be preferable. Is
not Wolfius also worth having ? I recollect to have
seen at Pritchard's a copy of Hawkin's abridge' of Co:
Litt: I would willingly take it if it be still there &
you have an opportunity. A copy of Deane's letters
44 THE WRITINGS OF [1784
which were printed in New York & which I failed to
get before I left Phil? I should also be glad of. I
use this freedom in confidence that you will be equally
free in consulting your own conveniency whenever I
encroach upon it. I hope you will do so particularly
in the request I have to add. One of my parents
would be considerably gratified with a pair of good
Spectacles which are not to be got here. The par
ticular readiness of Dudley to serve you inclines me to
think that an order from you would be well executed.
Will you therefore be so good as to get from him
one of his best pebble & double jointed pair, for
the age of fifty-five or thereabouts, with a good case ;
and forward them by the first safe conveyance to me
in Orange or at Richmond as the case may be. If
I had thought of this matter before Mi" Maury set
out, I might have lessened your trouble. It is not
material whether I be repayed at the bank of Philad* or
the Treas^ of Virginia, but I beg it may be at neither
till you are made secure by public remittances. It
will be necessary at any rate for £20 or 30 to be
left in your hands or in the bank for little expendi
tures which your kindness is likely to bring upon
you.
The Executive of S. Carolina, as I am informed by
the Attorney have demanded of Virginia the surren
der of a citizen of Virga charged on the affidavit of
Jonas Beard Esqf whom the Executive of S. C. rep
resent to be a " Justice of the peace, a member of
the Legislature, and a valuable, good man," as follows :
that " three days before the 25* day of Octr 1783 he
1784] JAMES MADISON. 45
(Mr. Beard) was violently assaulted by G. H. during
the sitting of the Court of General Sessions, without
any provocation thereto given, who beat him (Mr. B.)
with his fist & switch over the face head and mouth,
from which beating he was obliged to keep his room
until the said 25* day of Octf 1783, and call in the
assistance of a physician." Such is the case as col
lected by Mr. Randolph from the letter of the Execu
tive of S. C. The questions which arise upon it are
1. whether it be a charge of high misdemesnor
within the meaning of the 4 art : of Confederation.
2. whether in expounding the terms high misdemes
nor, the law of S. Carolina, or the British law as in
force in the U. S. before the Revolution ought to be
the standard. 3. if it be not a casus fcederis what
the law of nations exacts of Virginia ? 4. if the law
of nations contains no adequate provision for such
occurrences, whether the intimacy of the Union
among the States, the relative position of some, and
the common interest of all of them in guarding against
impunity for offences which can be punished only by
the jurisdiction within which they are committed, do
not call for some supplemental regulations on this
subject ? M' R. thinks Virginia not bound to surren
der the fugitive untill she be convinced of the facts,
by more substantial information, & of its amount
ing to a high misdemesnor, by inspection of the law
of S. C. which & not the British law ought to
be the criterion. His reasons are too long to be
rehearsed.
I know not my dear sir what to reply to the affec-
46 THE WRITINGS OF [1784
tionate invitation which closes your letter.1 I sub
scribe to the justness of your general reflections I feel
the attractions of the particular situation you point
out to me. I cannot altogether renounce the pros
pect : still less can I as yet embrace it. It is very far
from being improbable that a few years more may
prepare me for giving such a destiny to my future
life ; in which case the same or some equally conven
ient spot may be commanded by a little augmentation
of price. But wherever my final lot may fix me be
assured that I shall ever remain, with the sincerest
affection & esteem,
Y5 friend and servant.
TO THOMAS JEFFERSON. MAD. MSS.
ORANGE April 25th 1784.
DEAR SIR, — Your favor of the 16^ of March came
to hand a few days2 before Mazzei called on me. His
plan was to have proceeded hence directly to Annapo
lis. My conversation led him to premise a visit to Mr.
Henry, from whence he proposed to repair to Rich-
1 " Monroe is buying land almost adjoining me. Short will do the same.
What would I not give [if] you could fall into the circle. . . . There is
a little farm of 140 a* adjoining me, & within two miles, all of good land, tho'
old, with a small indifferent house on it, the whole not worth more than ^250.
Such a one might be a farm of experiment & support a little table and house
hold. It is on the road to Orange & so much nearer than I am. It is conven
ient enough for supplementary supplies from thence. Once more think of it,
and adieu." — Jefferson to Madison, Feb. 20, 1784. Writings of Jefferson, iii.,
406. Madison's personal plans were given a definite shape the following sum
mer, Aug. 19, 1784, when his father presented him with a farm of 560 acres, a
part of the Montpelier tract. — Orange County MSS. Records.
2 Italics for cypher.
1 7 84] JA MES MADISON. 47
mond, and close his affairs with the Executive. Con-
trary to my expectation he returned hither on
thursday last, proposing to continue his circuit
through Gloucester, York, and Williamsburg, recom
mended by Mr. Henry, for obtaining from the former
members of the Council certain facts relating to his
appointment, of which the vouchers have been lost.
This delay, with the expectation of your adjournment,
will probably prevent his visit to Congress. Your let
ter gave me the first information both of his views
towards a Consulate and of his enmity towards Frank
lin. The first was not betrayed to me by any conver
sation either before or after I made known to him the
determination of Congress to confine such appoint
ments to natives of America. As to the second he
was unreserved alledging at the same time that the
exquisite cunning of the old fox has so enveloped his
iniquity, that its reality cannot be proved by those
who are thoroughly satisfied of it. It is evident, from
several circumstances stated by himself that his en
mity has been embittered if not wholly occasioned by
incidents of a personal nature. Mr. Adams is the
only public man whom he thinks favourably of, or
seems to have associated with, a circumstance which
their mutual characters may perhaps account for.
Notwithstanding these sentiments towards Franklin
& Adams his hatred of England remains unabated,
& does not exceed his partiality to France, which
with many other considerations which need not be
pointed out, persuade me that however dreadful an
actual visit from him might be to you in a personal
48 THE WRITINGS OF [1784
view, it would not produce the public mischiefs yo^i,
apprehend from it. By his interview with Mr.
Henry, I learn that the present politics of the latter
comprehend very friendly views towards the confeder
acy, a wish tempered with much caution for an
amendment of our constitution, a patronage of the
payment of British debts, and of a scheme of general
assessment.
The want of both a Thermometer & Barof had de
termined me to defer a meteorological diary till I could
procure these instruments. Since the red of your
letter I have attended to the other columns.
I hope the letter which had not reached you at the
date of your last, did not altogether miscarry. On
the 1 6 of March I wrote you fully on sundry points.
Among others I suggested to your attention the case
of the Potowmac, having in my eye the river below
the head of navigation. It will be well I think to
sound the ideas of Maryland also, as to the upper
parts of the N. branch of it. ^^ policy of Baltimore
will probably thwart as far as possible, the opening of
it ; & without a very favorable construction of the
right of Virginia, and even the privilege of using the
Maryland Bank, it would seem that the necessary
works could not be accomplished.
Will it not be good policy to suspend further Trea
ties of Commerce, till measures shall have taken place
in America which may correct the idea in Europe of
impotency in the fcederal Gov' in matters of Com
merce ? Has Virginia been seconded by any other
State in her proposition for arming Congress with
1 7 84] JAMES MADISON. 49
power to frustrate the unfriendly regulations of G. B.
with regard to her W. India islands? It is reported
here that the late change of her ministers has revived
the former liberality which seemed to prevail on that
subject. Is the Impost gaining or losing ground
among the States ? Do any considerable payments
come into the Contin! Treasury ? Does the settle
ment of the public accV5 make any comfortable pro
gress ? Has any resolution been taken by Congress
touching the old Cont! currency? Has Maryland
foreborne to take any steps in favour of George Town ?
Can you tell me whether any question in the Court of
Appeals, has yet determined whether the war ceased
on our coast on the 3d of March or the 3d of April ?
The books which I was told were still at the place left
by Mr W. Maury, had been sent away at [the] time
Mr. L. Grymes informed of them.
Mr Mazzei tells me that a subterraneous city has
been discovered in Siberia, which appears to have
been once populous & magnificent. Among other
curiosities it contains an equestrian Statue around the
neck of which was a golden chain 200 feet in length,
so exquisitely wrought that Buffon inferred from a
specimen of 6 feet sent him by the Empress of Russia,
that no artist in Paris could equal the workmanship.
Mr. Mazzei saw the specimen in the hands of Buffon
& heard him give this opinion of it. He heard read
at the same time a letter from the Empress to Buffon
in which she desired the present to be considered as a
tribute to the man to whom Nat: Hist : was so much
indebted. Monsf Faujas de S' Fond thought the city
50 THE WRITINGS OF [1784
was between 72 & 74 ° N. L. the son of Buffon be
tween 62 & 64 ° Mr M. being on the point of depart
ure had no opportunity of ascertaining the fact. If you
should have had no better account of the discovery
this will not be unacceptable to you & will lead you to
obtain one.
I propose to set off for Richmond towards the end
of this week. The election in this County was on
Thursday last. My colleague is Mr Charles Porter
I am, &c.
TO JAMES MADISON. MAD. MSS.
RICHMOND May 13, 1784.
HON? SIR, — The Spectacles herewith inclosed came
to my hands yesterday with information that the pf first
sent were forwarded by mistake. It will however give
my mother a double chance of suiting herself. I wish
the p^ which may not be preferred to be sent down to
me by the earliest opportunity unless they should suit
yourself & you choose to keep them, as I am desired
by the maker to return them in case they sh? not be
wanted. We did not make a House till Wednesday
& of course are but just beginning the business of the
Session. Mr Jefferson has been app? an associate
with Df F. & M" Adams in forming comercial Treaties
and will proceed immediately to Europe. He takes
the place of M' Jay who is returning to America &
who is to be the Secretary of F. affairs if he will ac
cept the office. I do not find that S. Jones is as yet
1784] JAMES MADISON. 51
here, & I suspend the sale of the Tob? with a hope of
its further rise. 387. I believe may now be got, but
4<D/. is generally expected. I am your
dutiful son
TO THOMAS JEFFERSON. MAD. MSS.
RICHMOND, May 15, 1784.
DEAR SIR, — Your favor of the 7* inst. with another
pf of spectacles inclosed came safe to hand on thurs-
day last. I shall have the person for whose use they
were intended take choice of the most suitable &
will return the other pf to Mr Dudley by the first
conveyance, unless I meet with a purchaser which I do
not expect. The arrangement which is to carry you to
Europe has been made known to me by Mr. Short
who tells me he means to accompany or follow you.
With the many reasons which make this event agree
able, I cannot but mix some regret that your aid to
wards a revisal of our State Constitution will be
removed. I hope however for your licence to make
use of the ideas you were so good as to confide to
me, so far as they may be necessary to forward the
object. Whether any experiment will be made this
session is uncertain. Several members with whom I
have casually conversed give me more encouragem'
than I had indulged. As Col : Mason remains in pri
vate life, the expediency of starting the idea will de
pend much on the part to be expected from R. H. L.
& P. H. The former is not yet come to this place,
52 THE WRITINGS OF [1784
nor can I determine any thing as to his politics on this
point. The latter arrived yesterday, & from a short
conversation I find him strenuous for invigorating the
federal Gov1 though without any precise plan, but
have got no explanations from him as to our internal
Gov1. The general train of his thoughts seemed to
suggest favorable expectations. We did not make a
house till Wednesday last, & have done nothing yet
but arrange ye committees & receive petitions. The
former Speaker was re-elected without opposition.
If you will either before or after your leaving America
point out the channel of communication with you in
Europe, I will take the pleasure of supplying you from
time [to time] with our internal transactions, as far as
they may deserve your attention, & expect that you
will command every other service during yr absence
which it may be in my power to render. Wishing you
every success & happiness, I am, Dr sir,
Your affecl.e friend
TO JAMES MADISON. MAD. MSS.
RICHMOND June sf.h 1784,
HOND SIR, — I have disposed of the tobacco entrusted
to me for 40 / per c' but receive in hand no more than
will be delivered by Mf Craig. The residue will be
paid before I leave this place. I inclose a draught on
S. J. from Col. Harvey, for ^200 for which I have
credited Mr Anderson on his bond. Ml" Anderson
could not pay the balance now, but expects to do it
shortly. The draught & the remittance, will I hope
1784] JAMES MADISON. 53
with such addition as you will be able to make, redeem
your bond out of the hands of My Jones. I have ap
plied to Gen! Wood for Majr Kite's warrant. He
promises to get it if possible, before Mf Craig sets
out. If he does it will be forwarded. I have laid
Maj? Lee's case before the House, and it has been re
ferred to the committee of propositions. The mass
of business before this Committee & my avocations
from it to other Committees have delayed it hitherto.
Having but a moment to write this I must refer to
Mr Craig for the news of the session. The House of
Delegates have agreed to postpone the June tax till
Jan^. It is not improbable that the Senate may require
\ to be collected at an earlier period. Mf Winslow
will probably be glad to be apprized of these circum
stances. Remember me affect? to the family & accept
of the dutiful respects of your son
TO JAMES MADISON. MAD. MSS.
RICHMOND June 24, 84
HOND SIR, — Your letter by Capt : Cowherd with
that of my brother's have been just put into my hand.
I shall leave to him the sale of the Tob° belonging to
Capt. Conway & Ambrose ; not being at leisure my
self to do it before he proposes to set out. I
think it will be well to accept of Mi" Lawson's offer of
the Madeira. I shall do the best I can towards satis
fying the Treasury on ace' of M? Winslow. Maj'
Lee's warrant has been ordered by the assembly, but
Ml" Harvey being a little puzzled by the peculiarity
54 THE WRITINGS OF [1784
of the case, could not make it out immediately on my
first application, & I have not time now to repeat it.
I hope the delay will not be inconvenient to Majr
Lee. Much time has been lately spent by the assem
bly in abortive efforts for amendment of the constitu
tion,1 and fulfilling the Treaty of peace in the article
1 Notes of Speech on Proposed Amendment to the Constitution of Virginia.
June, 1784 :
' ' Virg? Legislature
" For Amending Constitution of V? in 1784.
" Nature of a Constitution exam<?see Mass1.5 p. 7. 8. 15. 16. N. Y. p. 63. —
Pen? p. 85. 86. Del. p. 106 N. C. p. 146-150. S. C. p. 188. Geo p.
175. 186.
" Convention of 1776. without due power from people.
" i. passed the ordinance for Const? on recommendation of Cong? of May 15.
1776. prior to decln of independence : as was done in N. H. p. I & N. J. p.
78-84.
" 2. Passed it from impulse of necessity. — See last clause of the preamble
3. before independence declared by Cong*
" 4. power from people no where pretended.
"5. other ordinances of same Session deemed alterable as relative to Sen
ators — oaths — Sal t .
" 6. provisions for care of West Augusta in its nature temporary.
" 7. Convention make themselves branch of the Legislature.
" Constitution, if so to be called defective
" i. in a Union of powers which is tyranny Montesq.
"2. Executive dependent on Legislature, i. for salary. 2. for character in
the trefiial expulsion. — 3. expensive — 4. may be for life contrary to Art : 5
of Declaration of Rights. —
"3. Judiciary dependent for am! of salary
" 4. Privileges & wages of members of Legislature unlimited & undefined.
" 5. Senate badly constituted & improperly barred of the originating of laws.
" 6. equality of representation not provided for see N. Y. p. 65. S. C. p. 165
" 7. Impeachm1.5 of great moment & on bad footing.
" 8. County Courts seem to be fixed p. 143. 144. also General Court.
"9. Habeas Corpus omitted.
" 10. no mode of expounding constitution & and of course no check to Gen1.
Assembly
"IT. Right of suffrage not well fixed — quere if popish recusants &c. are not
disfranchised ? Const? rests on acquiescence, a bad basis
" Revision during war improper — on peace decency requires surrender of
power to people.
1784] JAMES MADISON. 55
of British debts.1 The residue of the business will
not be completed till next week. If my brother W.
is at leisure as before, I beg him to bring down the
chair for me to be here by Wednesday next.
I am your dutiful son.
44 No danger in referring to the people who already exercise an equivalent
power.
44 If no change be made in the Constitution, it is advisable to have it ratified
and secured ag^ the doubts and imputations under which it now labours." —
Mad. MSS.
2 4l J. M.'s proposition to the Gen. Assembly [June — 1784]. See Journal
Whereas by the 44.h article of the Definitive Treaty of Peace ratified and pro
claimed by the United States in Congress assembled on the I4l.h day of Jany
last 4 it is agreed that Creditors on either side shall meet with no lawful im
pediment to the recovery of the full value in sterling money, of all bona fide
debts heretofore contracted ' : and whereas it is the duty and determination of
this Commonwealth, with a becoming reverence for the faith of Treaties, truly
and honestly, to give to the said article, all the effect, inasmuch as the debts
due from the good people of this commonwealth to the subjects of G. Britain
were contracted under the prospect of gradual payments, and are justly com
puted to exceed the possibility of full payment at once, more especially, under
the diminution of their property resulting from the devastations of the late war :
and it is therefore conceived that the interest of the British creditors them
selves will be favored by fixing certain reasonable periods, at which divided
payments shall be made :
44 Resolved, that it is the opinion of this Committee, that the laws now in
force relative to British debts, ought to be so varied & amended as to make the
same recoverable in the proportions & at the periods following : that is to say,
part thereof with interest of 5 per O. from the date of the definitive Treaty
of peace, on the day of and the remaining on the day of
And whereas it is further stipulated by art : 7l.h of the said Treaty, among other
things, that 4 his Britannic Majesty shall with all convenient speed, and without
causing any destruction, or carrying away any negroes or other property of the
American inhabitants, withdraw all his armies, garrisons and fleets from the
said United States ; and from every post place and harbour within the same,
leaving in all fortifications the American artillery that may be therein, and
shall also order and cause all archives, records, deeds & papers, belonging to
any of the said States, or their citizens, which in the course of the war, may
have fallen into the hands of his officers, to be forthwith restored and delivered
to the proper States and persons to whom they belong,' which stipulation was in
the same words contained in the Provisional articles signed at Paris on the 30^
56 THE WRITINGS OF [1784
TO THOMAS JEFFERSON. MAD. MSS.
RICHMOND, July 3d, 1784.
DEAR SIR, — The Assembly adjourned the day be
fore yesterday. I have been obliged to remain here
since on private business for my Countrymen with
the Auditor's and other departments. I had allotted
towards the close of the Session to undertake a narra
tion for you of the proceedings, but the hurry on
which I did not sufficiently calculate, rendered it im
possible, and I now find myself so abridged in time that
I cannot fulfil my intentions. It will however be the
less material, as Mr. Short by whom this goes, will be
possessed of almost every thing I could say. I inclose
day of November 1782 by the commissioners empowered on each part : and
whereas posterior to the date of the said provisional articles, Sundry negroes
the property of citizens of this commonwealth were carried away from the city
of New York whilst in possession of the British forces, and no restitution or
satisfaction on that head, has been made, either before or since the Definitive
Treaty of peace ; And whereas the good people of this commonwealth have a
clear right to expect that whilst, on one side, they are called upon by the U. S.
in Congress assembled to them by fcederal Constitution the powers of war
& peace are exclusively delegated, to carry into effect the stipulations in favour
of British subjects, an equal observance of the stipulations in their own favor,
should, on the other side, be duly secured to them under the authority of the
Confederacy.
" Resolved, that it is the opinion of this Committee ; that the Delegates repre
senting this State in Congress ought to be instructed to urge in Congress
peremptory measures for obtaining from G. Britain satisfaction for the infringe
ment of the article aforesaid ; and in case of refusal or unreasonable delay of
such satisfaction, to urge that the sanction of Congress be given to the just
policy of retaining so much of the debts due from citizens of this common
wealth, to British subjects, as will fully repair the losses sustained from such
infringement : and that to enable the said Delegates, to proceed herein with the
greater precision & effect, the Executive ought to be requested to take imme
diate measures for obtaining & transmitting to them, all just claims of the
citizens of this Commonwealth under the 7*h art : as aforesaid." — Mad. MSS.
1784] JAMES MADISON. 57
you a list of the acts passed excepting a few which had
not received the last Solemnity when the list went to
press. Among the latter is an Act under which i per
Ct. of the land tax will be collected this fall and will
be for Congress. This with the \\ per Ct. added to
the impost on trade, will be all that Congress will ob
tain on their last requisition for this year. It will be
much short of what they need, & of what might be
expected from the declarations with which we intro
duced the business of the Session. These declara
tions will be seen in the Journal, copy of which I take
for granted will be carried by Mr. Short. Another
act not on the list lays duties on law proceedings, on
alienations of land, on probats of Wills, administra
tion & some other transactions which pass through
official hands. This tax may be considered as the
basis of a stamp-tax; it will probably yield ^15 or
20,000 at present, which is set apart for the foreign
Creditors of this State.
We made a warm struggle for the establishing of
Norfolk & Alexandria as our only ports ; but were
obliged to add York, Tappahannock & Bermuda hun
dred, in order to gain any thing & to restrain to these
ports foreigners only. The footing on which British
debts are put will appear from the Journal noting only
that a law is now in force which forbids suits for them.
The minority in the Senate have protested on the
subject. Having not seen the protest I must refer to
Mr. Short who will no doubt charge himself with it.
A trial was made for a Convention, but in a form
not the most lucky. The adverse temper of the
58 THE WRITINGS OF [1784
House & particularly of Mr. Henry had determined
me to be silent on the subject. But a Petition from
Augusta having among other things touched on a
Reform of the Gov' and R. H . L. arriving with fav
orable sentiments, we thought it might not be amiss
to stir the matter. Mr. Stuart from Augusta accord
ingly proposed to the Comittee of propositions the
Resolutions reported to the House as per Journal.
Unluckily R. H. L. was obliged by sickness to leave
us the day before the question came on in Comittee
of the whole, and Mr. Henry shewed a more violent
opposition than we expected. The consequence was
that after two days Debate the Report was negatived,
and the majority not content with stopping the
measure for the present availed themselves of their
strength to put a supposed bar on the Journal against
a future possibility of carrying it. The members for
a Convention with full powers, was not considerable
for number, but included most of the young men of
education & talents. A great many would have con
curred in a Convention for specified amendments, but
they were not disposed to be active even for such a
qualified plan.
Several Petitions came forward in behalf of a gen1
Assessm1 which was reported by the Come of Religion
to be reasonable.1 The friends of the measure did
'At this session a concerted effort was made by the various churches for State
recognition. There was a committee of the legislature charged " with all mat
ters relating to religion and morality," Petitions were presented from the
Baptists and Presbyterians asking for a removal of all remaining distinctions in
favor of the Episcopal Church, in order that " religious freedom be established
upon the broad basis of perfect political equality." The bill for the Episcopal
Church was debated two days. — Rives, i., 560, et seq. John B. Smith, president
1784] JAMES MADISON. 59
not chuse to try their strength in the House. The
Episcopal Clergy introduced a notable project for re
establishing their independence of the laity. The
foundation of it was that the whole body should be
legally incorporated, invested with the present prop
erty of the Church, made capable of acquiring indefin
itely — empowered to make canons & bye-laws not
contrary to the laws of the land, and incumbents when
once chosen by vestries, to be immovable otherwise
than by sentence of the Convocation. Extraordinary
as such a project was, it was preserved from a dishon
orable death by the talents of Mr. Henry. It lies
over for another Session.
The public lands at Richmond not wanted for pub
lic use are ordered to be sold & the money, aided by
subscriptions, to be applied to the erection of buildings
on the Hill as formerly planned. This fixes the Gove,
which was near being made as vagrant as that of the
U. S., by a coalition between the friends of Will-
iamsbs & Stanton. The point was carried by a small
majority only.
The lands about Williamsbg are given to the Uni
versity, and are worth, Mr. Tazewell thinks ^10,000
to it. For the encouragement of Mr. Maury's School,
licence is granted for a lottery to raise not more than
^2000.
of Hampden-Sydney College, wrote to Madison, June 21, 1784, that the bill
was insulting to non-Episcopalians, and any measure to enable the Episcopal
clergy to regulate all spiritual concerns of that church was an express attempt
" to draw the State into an elicit connection and commerce with them," and
to put the legislature in the position of being at the head of the church. He
was sorry that Christian ministers should virtually declare their church to be a
mere political machine. — Smith to Madison, Mad. MSS.
60 THE WRITINGS OF [1784
The revisal is ordered to be printed. A frivolous
ceconomy restrained the n? of copies to 500. I
shall secure the n° you want & forward them by the
first opportunity. The three Revisors' labour was
recollected on this occasion, and ,£500 voted for each.
I have taken out your warrant in five parts, that it
may be the more easily converted to use. It is to be
paid out of the first unappropriated money in the
Treasury, which renders its value very precarious un
less the Treasurer sd be willing to endorse it " receiva-
ble-in-taxes," which he is not obliged to do. I shall
await your orders as to the disposition of it.
An effort was made for Paine & the prospect once
flattering. But a sudden opposition was brewed up
which put a negative on every form which could be
given to the proposed remuneration. Mr. Short will
give you particulars.
Col : Mason the Attorney Mr. Henderson & myself
are to negociate with Maryland if she will app' Com-
issrs to establish regulations for the Potowmac.1
1 The boundary between Virginia and Maryland was the Potomac, and the
charter of Lord Baltimore had defined the Southern shore as the line. This
Virginia confirmed in the Constitution of 1776, reserving, however, the free navi-
igation and use of the river. Madison feared that this general confirmation
would be construed by Maryland into a total surrender of all jurisdiction over
the river. Having accertained through Jefferson that Maryland would appoint
commissioners to form regulations if Virginia did so, Madison introduced a bill
to that effect, which was passed June 3Oth. See Rives, i,, 535, et seq. Through a
blunder in the notifications Madison and Randolph did not attend the meeting
with the Maryland Commissioners, which took place at Mount Vernon, but the
Maryland Commissioners having journeyed some distance, Mason and Hender
son decided to proceed with the conference. — Mason to Madison, August 9,
1785. — Mad. MSS. The Maryland members were T. Stone, Daniel of St.
Thomas Jenifer and Samuel Chase. Together with Mason and Henderson
they signed the report which was dated Mount Vernon, March 28, 1785, and
1784] JAMES MADISON. 61
Since the receipt of yours of May 8, I have made
diligent enquiry concerning the several schools most
likely to answer for the education of your Nephews.1
My information has determined me finally to prefer
that of Mr. W. Maury as least exceptionable. I have
accordingly recommended it to Mrf Carr, & on re
ceiving her answer shall write to Mr Maury pointing
out your wishes as to the course of study proper for
Master Carr. I have not yet made up any opinion as
to the disposition of your younger nephew but shall
continue my enquiries till I can do so. I find a greater
deficiency of proper schools than I could have sup
posed, low as my expectations were on the subject.
All that I can assure [you] of is that I shall pursue
your wishes with equal pleasure & faithfulness.
transmitted to the General Assembly as " Result of the Deliberations of the
Commissioners of Virginia & Maryland, appointed to settle the navigation &
Jurisdiction of that Part of the Chesapeake Bay within the Limits of Virginia,
& of the Rivers Potomack and Pokomoke." The Commissioners also united in
a joint letter to the President of the Executive Council of Pennsylvania, rec
ommending the cooperation of that State. — Mad. MSS. There is no reason for
supposing that Madison's bill had any deeper purpose than the simple one that
appeared on the surface, but when it appeared that regulations between Vir
ginia and Maryland would be useless unless Pennsylvania were included, it be
came equally evident that New York, New Jersey, and Delaware could render
ineffective any agreement Pennsylvania might make. A general convention of
all the States to bring about what was at first projected for two States only was
the logical suggestion. It resulted in the call for the Annapolis meeting, which
in turn led to the Philadelphia convention. The proceedings of the Virginia
and Maryland Commissioners are traced in Kate Mason Rowland's George
Mason, ii., 12, et seq. For Madison's resolutions extending the Commissioners'
powers, szz post.
1 4t Mrs. Carr was informed by M? Jefferson, previous to his departure to
Europe, that he had requested the favor of you, to direct the Studies of her
two Sons Peter & Dabney in his absence. Should it be convenient for you to
comply with M* Jeffersons request, M^s Carr will be much obliged to you to
inform her, when, and in what manner you would wish them disposed of." —
W. O. Collis to Madison, August 9, 1784.— Mad. MSS.
62 THE WRITINGS OF [1784
Your hint for appropriating the slave tax to Con
gress fell in precisely with the opinion I had formed
and suggested to those who are mpst attentive to our
finances. The existing appropriation of half of it
however to the Military debt was deemed a bar to
such a measure. I wished for it because the slave
holders are Tob° makers, and will generally have hard
money wch alone will serve for Congress. Nothing
can exceed the confusion which reigns throughout our
Revenue department. We attempted but in vain to
ascertain the amount of our debts, and of our re
sources, as a basis for something like a system. Per
haps by the next Session the information may be
prepared. This confusion indeed runs through all
our public affairs, and must continue as long as the
present mode of legislating continues. If we cannot
amend the constitution, we must at least call in the
aid of accurate penmen for extending Resolutions
into bills, which at present are drawn in [a] manner
that must soon bring our laws and our Legislature
into contempt among all orders of Citizens.
I have communicated your request from Philad*
May 25, to Mr. Lane. He writes by Mr. Short &
tells me he is possessed of the observations which he
promised you. I found no opportunity of broaching
a scheme for opening the navigation of the Potowmac
under the auspices of Gen1 Washington, or of provid
ing for such occurrences as the case of Marbois. With
the aid of ye Attorney perhaps something may be done
on the latter point next Session.
Adieu My dear friend.
1 7 84] JAMES MADISON. 63
TO GENERAL WASHINGTON. WASH. MSS.
ORANGE Augst 12, 1784
DEAR SIR, — I had the honor of receiving your favor
of the 12^ of June during my attendance on the Le
gislature, and of answering it a few days, before I left
Richmond. Since my return home I have been in
formed that the gentleman into whose hands the
answer was put has mislaid or lost it, and that I can
not rely on its ever finding its way to you. I have
therefore to repeat, Sir, that the sanction which your
judgment gave to the propriety of rewarding the lit
erary services of Mr Payne,1 led to an attempt in the
House of Delegates for that purpose. The proposi
tion first made was, that he should be invested with a
moity of a tract of public land known by the name of
the Secretary's lying on the Eastern Shore. The kind
reception given to this proposition induced some gen
tlemen to urge that the whole tract containing about
500 acres might be included in the donation, as more
becoming the dignity of the State, and not exceeding
the merits of the object. The proposition thus en
larged passed through two readings without apprehen
sion on the part of its friends. — On the third, a
sudden attack grounded on considerations of econ
omy and suggestions unfavourable to Mr Payne threw
the Bill out of the house. The next idea proposed
1 Madison wrote to Washington on this subject July 2d less fully than in this
letter. For Washington's suggestion that something should be done for " poor
Paine," see his letter of June 12, 1784, to Madison, Writings of Washington, x.,
393, and for Jefferson's opinion of the action of the Assembly, Jefferson to
Madison, Decembers, 1784, Writings of Jefferson, iv., 17.
64 THE WRITINGS OF [1784
was that the land in question should be sold and
^2000 of the proceeds allotted to Mf Payne to be laid
out in the purchase of a farm if he should think fit.
This was lost by a single vote. Whether a succeed
ing Session may resume the matter, and view it in a
different light, is not for me to say. Should exertions
of genius which have been everywhere admired, and
in America unanimously acknowledged, not save the
author from indigence & distress, the loss of na
tional character will hardly be balanced by the
savings at the Treasury.
With the highest respect &c.
TO THOMAS JEFFERSON. MAD. MSS.
ORANGE Aug 20, 1784.
DEAR SIR, — Your favor of the Is.1 July written on
the eve of your embarcation from Boston was safely
delivered by your servant Bob about the 20^ of the
same month. Along with it I red the pamphlet on
the W. India trade, and a copy of Deane's letters.
My last was written from Richmond on the adjourn
ment of the Gen! Assembly & put into the hands of
Mr. Short. It contained a cursory view of legislative
proceedings, referring to the bearer for a more cir-
cumstancial one. Since the adjournment I have been
so little abroad that I am unable to say with certainty
how far those proceedings harmonize with the vox
populi. The opinion of some who have better means
of information is that a large majority of the people
1784] JAMES MADISON. 65
either from a sense of private justice or of national faith,
dislike the footing on which British debts are placed.
The proceedings relative to an amendment of the State
Constitution seem to interest the public much less
than a friend to the scheme would wish. The act
which produces most agitation and discussion is that
which restrains foreign trade to enumerated ports.
Those who meditate a renewal of the old plan of
British Monopoly & diffusive credit, or whose mer
cantile arrangements might be disturbed by the inno
vation, with those whose local situations give them,
or are thought to give them an advantage in large
vessels coming up the rivers to their usual stations,
are busy in decoying the people into a belief that
trade ought in all cases to be left to regulate itself,
that to confine it to particular ports is to renounce
the boon with which Nature has favored our country,
and if one sett of men are to be importers & export
ers, another set to be carryers between the mouths
& heads of the rivers & a third retailers, trade, as
it must pass through so many hands all taking a profit,
must in the end come dearer to the people than if the
simple plan should be continued which unites these
several branches in the same heads. These & other
objections, tho' unsound, are not altogether unplausi-
ble, and being propagated with more zeal and pains
by those who have a particular interest to serve than
proper answers are by those who regard the general
interest only, make it very probable that the measure
may be rescinded before it is to take effect. Should
it escape such a fate, it will be owing to a few striking
VOL. II.— 5.
66 THE WRITINGS OF [1784
and undeniable facts, namely, that goods are much
dearer in Virginia, than in the States where trade is
drawn to a general mart, that even goods brought
from Philad* and Baltimore to Winchester & other
W. & S. W. parts of Virginia are retailed cheaper
than those imported directly from Europe are sold on
tide water ; that generous as the present price of our
Tob° appears, the same article has currently sold 15
or 20 per G at least higher in Philad* where being as
far from the ultimate market it cannot be intrinsically
worth more ; that scarce a single vessel from any part
of Europe, other than the British Dominions, comes
into our ports, whilst vessels from so many other
parts of Europe, resort to other ports of America,
almost all of them too in pursuit of the Staple of Vir
ginia. The exemption of our own citizens from the
restriction is another circumstance that helps to parry
attacks on the policy of it. The warmest friends to
the law were averse to this discrimination which not
only departs from its principle, but gives it an illiberal
aspect to foreigners, but it was a necessary concession
to prevailing sentiments. The like discrimination
between our own citizens & those of other States
contrary to the fcederal articles is an erratum which
was omitted to be rectified, but will no doubt be so.
Notwithstanding the languor of our direct trade with
Europe, this Country has indirectly tasted some of
the fruits of Independence. The price of our last
crop of Tob° has been on James River from 35/ to
42/6 per G & has brought more specie into the
Country than it ever before contained at one time.
1784] JAMES MADISON. 67
The price of hemp however has been reduced as
much by the peace as that of Tob° has been raised,
being sold I am told as low as 2O/ per Q beyond the
mountains. Our crops of wheat have been rather
scanty, owing partly to the rigors of the winter, partly
to an insect,1 which in many places has destroyed
whole fields of that grain. The same insect has since
the harvest fallen upon the Corn with considerable
damage ; but without some very unusual disaster to
that article the crop will be exuberant, & will afford
plentiful supplies for the W. India Islands if their
European Masters will no longer deny themselves
the benefit of such a trade with us. The crop of the
Tobacco now on the ground will if the weather con
tinues favorable be tolerably good, though much
shortened on the whole by the want of early seasons
for transplanting & an uncommon number of the
insects which prey upon it in its different stages. It
will be politic I think for the people here to push the
culture of this article whilst the price keeps up, it be
coming more apparent every day that the richness of
soil & fitness of climate on the Western waters will
in a few years, both reduce the price & engross the
culture of it. This event begins to be generally fore
seen & increases the demand greatly for land on the
Ohio. What think you of a guinea an acre being
already the price for choice tracts with sure titles ?
Nothing can delay such a revolution with regard to
our staple, but an impolitic & perverse attempt in Spain
1 Chinch-bug. Note in MS.
68 THE WRITINGS OF [1784
to shut the mouth of the Mississippi against the inhab
itants above. I say delay, because she can no more
finally stop the current of trade down the river than she
can that of the river itself. The importance of this mat
ter is in almost every mouth. I am frequently asked
what progress has been made towards a treaty with
Spain & what may be expected from her liberality on
this point, the querists all counting on an early ability
in the western settlements to apply to other motives if
necessary.1 My answers have both from ignorance
& prudence been evasive. I have not thought fit
however to cherish unfavorable impressions, being
more & more led by revolving the subject, to conclude
that Spain will never be so mad as to persist in her
present ideas. For want of better matter for corres
pondence, I will state the grounds on which I build
my expectation^.
First. ^Apt as the policy of nations is to disregard
justice and the general rights of mankind I deem it no
small advantage that these considerations are in our
favour. They must be felt in some degree by the
most corrupt councils on a question whether the interest
of millions shall be sacrificed to views concerning a
distant and paltry settlement ; they are every day ac
quiring weight from the progress of philosophy and
civilization and they must operate on those nations of
Europe who have given us a title to their friendly
offices or who may wish to gain a title to ours.
Secondly. May not something be hoped from the
1 Italics for cyphers.
1784] JAMES MADISON. 69
respect which Spain may feel for consistency of char
acter on an appeal to the doctrine maintained}^ herself
in the year 1609, touching the scheld, or at least from
the use which may be made of that fact by the powers
disposed to favor our views.
Thirdly. The interest of Spain at least ought to
claim her attention, (i) A. free trade down the Missis
sippi would make new Orleans oneoi the most flourish
ing emporiums in the world and deriving its happiness
from the benevolence of Spain would feel a firm
loyalty to her government. At present it is an expen
sive establishment settled chiefly by French, who hate
the government which oppresses them, who already
covet a trade with the upper coimtry, will become every
day more sensible of the rigor which denies it to them
and vfi\\join in any attempt which may be made against
their master. (2) A generous policy on the part of
Spain towards the U. S. will be the cement of friend
ship & lasting peace with them. A contrary one will
produce immediate heart burnings and sow the seeds of
inevitable hostility. The U. S. are already a power
not to be despised by Spain the time cannot be distant
when, in spite of al precautions the safety of her pos
sessions in this quarter of the globe must depend more
on our peaceableness than her own power. (3) In
another view it is against the interest of Spain to
throw obstacles in the way of our Western settlements.
The part she took during the late war shews that she
apprehended less from the power growing up in her
neighborhood in a state of independence than as an in
strument in the hands of Great Britain. If in this she
70 THE WRITINGS OF [1784
calculated on the impotence 0/the U. S. when dismem
bered from the British empire she saw but little way into
futurity ; if on \hepacific temper of republics unjust
irritations on her part will soon prove to her that
these have like passions with other governments. — her
permanent security seems to lie in the complexity of
our federal government and the diversity of interests
among the members of it which render offensive meas
ures improbable in council and difficult in execution.
If such be the case when thirteen States compose the
system ought she not to wish to see the number enlarged
to three and twenty f A source of temporary security
to her is our want of naval strength ; ought she not,
then, to favor those emigrations to the Western land
which, as long as they continue will leave no super
numerary hands for the sea.
Fourthly. Should none of these circumstances affect
her councils she cannot surely so far disregard the
usage of nations as to contend that her possessions at
the mouth tf/the Mississippi justify a total denial <si
the use of it to the inhabitants above when possessions
much less ^'^proportionate at the mouth of other rivers
have been admitted only as a title to a moderate toll.
The case of the Rhine the Maese & the Scheld, as
of Elbe and Oder are if / mistake not in point here.
How far other rivers may afford parallel cases I can
not say. That of the Mississippi is probably the
strongest in the world.
Fifthly. Must not the general interest of Europe in
all cases influence the determinations of any particular
nation in Europe and does not that interest in the
1784] JAMES MADISON. 71
present case clearly lie on our side, (i) All the prin
cipal powers have, in &. general view more to gain than
to lose by denying a right of those who hold the mouths
of rivers to intercept a communication with those above.
France Gr Brit and Sweden have no opportunity of
exerting such a right, and must wish a free passage for
their merchandize in every country Spain /ierse\i has
no such opportunity and has besides three of her prin
cipal rivers one of them the seat of her metropolis run
ning thro' Portugal. Russia can have nothing to lose
by denying this pretension and is bound to do so in favor
of her great rivers the Neiper, the Niester and the Don
which mouth in the black sea, and of fas. passage thrd
the Dardanelles which she extorted from the T^lrks.
The Emperor in common with the inland States of
Germany and moreover by his possessions on the
Maese and the Scheld, has a similar interest, ^^pos
sessions of the King of Prussia on the Rhine, the Elbe,
and the Oder, are pledges for his orthodoxy. The U.
P\ hold it is true, the mouths of the Maese the Rhine
and the Scheld but a general freedom of trade is so
much their policy and they now carry on so much of it
through the channel of rivers flowing thro different do
minions that their weight can hardly be thrown into the
wrong scale. The only powers that can have an inter
est in opposing the American doctrine are the Ottoman
which has already given up the point to Russia, Den
mark which is suffered to retain the entrance of the
Baltic Portugal whose principal rivers head in Spain,
Venice which holds the mouth of the Po ; and Dantzick
which commands that of the Vistula if it is yet to be
72 THE WRITINGS OF [1784
considered as a sovereign City. The prevailing disposi
tion of Europe on this point once /Titrated an attempt
of Denmark to exact a toll at the mouth of the Elbe by
means of &fort on the holstein side, which commands
it. The fact is mentioned in Salmons gazetteer, un
der the head of Cluestadt. I have no opportunity of
ascertain/;^ the circumstances of the case, or #/ discov
ering like cases. (2) In a more important view, the
settlement of the Western country which will much de
pend on the free use of the Mississippi, will be beneficial
to all nations who either directly or indirectly trade
with the U. S. By a free expansion of our people the
establishment of internal manufactures will not only
be long delayed but the consumption of foreign manu
factures long continue increasing ; and at the same
time, all the productions of the American soil required
by Europe in return for her manufactures, will propor
tionally increase. The vacant land of the United
States lying on the waters of the Mississippi is perhaps
equal in extent to the land actually settled. If no check
be given to emigrations from the latter to the former,
they will probably keep pace at least with the zVzrrease
of our people, till faz. population of both becomes nearly
equal. For twenty or twenty-five years we shall conse
quently have as few internal manufactures in propor
tion to our numbers as at present and at the end of that
period our imported manufactures will be doubled. It
may be observed too, that as the market for these
manufactures will first increase, and the provision for
supplying it ~w\\\ follow fas, price of supplies will natur
ally rise \\\ favor of those who manufacture them. On
1784] JAMES MADISON. 73
the other hand as the demand for the tobacco indigo
rice corn &c produced by America for exportation will
neither precede nor keep pace with their increase the
price must naturally sink in favor also of those who
consume them. Reverse the case by supposing the use
of the Mississippi denied to us and the consequence is
that many of our supernumerary hands who in the
former case would be husbandmen on the waters of the
Mississippi, will on the latter supposition be manufac
turers on those of the Atlantic and even those who
may not be discouraged from seating the vacant lands
will be obliged by the want of vent for ti\e produce of
the soil and of the means of purchasing foreign manu
factures to manufacture in a great measure for them
selves. Should Spain yield the point of the navigation
of the Mississippi, but at the same time refiise us the
use of her shores, the benefit will be ideal only. I have
conversed with several persons who have a practical
knowledge of the subject, all of whom assure me that
not only the right of fastening to the Spanish shore, but
that of holding an entrepot in our own, or of using
New Orleans as a free port, is essential to a trade
thro that channel. It has been said that sea vessels
can get up as high as latitude thirty-two to meet the river
craft, but it will be with so much difficulty and dis-
advantage as to amount to a prohibition. The idea has
also been suggested of large magazines constructed for
floating ; but if this expedient were otherwise admissi
ble the hurricanes which in that quarter frequently de
molish edifices on land forbid the least confidence in
those which would have no foundation but water.
74 THE WRITINGS OF [1784
Some territorial privileges therefore seem to be as in
dispensable to the use of the river as this is to the
prosperity of the western country. A place called
" The Englishman's turn'' on the island of about six
leagues below the town of New O. , is I am told the fittest
for our purpose, & that the lower side of the peninsula
is the best. Batonrouge is also mentioned as a conven
ient station and point coupe as the highest to which
vessels can ascend with tolerable ease. Information
however of this from men who judge from a general and
superficial view only can never be received as accurate.
If Spain be sincerely disposed to gratify us, I hope she
will be sensible it cannot be done effectually without
allowing a previous survey and deliberate choice.
Should it be impossible to obtain from her a portion of
ground by other means, would it be unadvisable to at
tempt it by purchase The price demanded could not
well exceed the benefit to be obtained, and a reimburse
ment 0/"the public advance might easily be provided
for by the sale to individuals, and the conditions which
might be annexed to their tenures. Such a spot could
not fail in a little time to equal in value the same ex
tent in London or Amsterdam. The most intelligent
of those with whom I have conversed think that on
whatever footing our trade may be allowed very judic-
\Q\\S provision will be necessary for a fair adjustment of
disputes between the Spaniards and the Americans dis
putes which must be not only noxious to trade but tend
to embroil the two nations. Perhaps a joint tribunal,
under some modification or other might answer the
purpose. There is a precedent I see for such an
1784] JAMES MADISON'. 75
establishment in the twenty-first article of the treaty of
Munster in 1 648, between Spain and the U. N. I am
informed that, sometime after New O. passed into the
hands of Spain her Governor forbid all British vessels
navigating under the treaty of Paris to fasten to the
shore and caused such as did so to be cut loose. In con
sequence of this practice a British frigate went up
near the town fastened to the shore and set out guards
to fire on any who might attempt to cut her loose. The
Governor after trying in vain to remove the frigate by
menaces acquiesced after which British vessels indiscrim
inately used the shore and even the residence of British
Merchants in the town of New O., trading clandestinely
with the Spaniards as well as openly with their awn
people, [was] winked at. The treaty 0/1763 stipulated
to British subjects as well as / recollect no more than
the right of navigating the river and if that of using
was admitted under that stipulation, the latter right
must have been admitted to be included in the former.
When you were about leaving America as a
Comissr for peace you intimated to me that a report
was in circulation &l your being a party to jobs for Ken
tucky lands and authorized me to contradict the re
port. I have some reason to believe that the credit
of your name has been made use of by some who are
making purchases or locations in that quarter. If they
have done it without sanction it may not be amiss to
renew my authority. 1
1 " I can with truth therefore declare to you, and wish you to repeat it on
every proper occasion, that no person on earth is authorized to place my name
in any adventure for lands on the western waters." Jefferson to Madison,
November u, 1784. — Writings of Jefferson, iv., 3.
76 THE WRITINGS OF [1784
In consequence of my letter to Mrs. Carr I have
been called on by your elder Nephew, who is well sat
isfied with the choice made of Williamsbg for his fu
ture studies. I have furnished him with letters to my
acquaintance there & with a draught on your Steward
for ;£i2. He will be down by the opening of Mr.
Maury's school at the close of the vacation, which
lasts from the beginning of Augst to the end of Septr.
I have the greater hopes that the preference of this
School will turn out a proper one, as it has reel the
approbation of the literary gentlemen of Williamsbg
& will be periodically examined by Mr. Wythe &
others. Your younger Nephew is with Majr Callis,
who will keep [school ?] some time longer, I am at
a loss as yet where to fix him, but will guard as much
as possible agst any idle interval. I am, very affectly,
dear Sir, y friend and serv1,
TO JAMES MADISON. MAD. MSS.
HON'D SIR, — I arrived at this place the night before
last only, having declined starting from Fredg. at the
time I proposed when I parted with you, & having
staid at Baltimore one day, at the latter place I fell
in with the Marquis & had his company thus far. He
is proceeding Northw? as far as Boston from whence
he goes to the Moran Treaty at Fort Stanwix and
from thence returns to Virg* about the same time that
I must be there. He presses me much to fall into
his plan, and I am not sure that I shall decline it. It
1784] JAMES MADISON. 77
will carry me farther than I had proposed, but I shall
be rewarded by the pleasure of his company and the
further opportunity of gratifying my curiosity. I
have nothing to add at present but that I am your
affec son
TO THOMAS JEFFERSON. MAD. MSS.
PHILAD^- Sep1; 7th, 1784.
DEAR SIR, — Some business, the need of exercise
after a very sedentary period, and the view of extending
my ramble into the Eastern States which I have long
had a curiosity to see have brought me to this place.
The letter herewith enclosed was written before I left
Virginia, & brought with me for the sake of a con
veyance hence. Since the date of it I have learned
that Mr Short who was to be the bearer of the letter
to which it refers has not yet left Richmond. The
causes of his delay are unknown to me. At Baltimore
I fell in with the Marquis de la Fayette returning
from a visit to Mount Vernon. Wherever he passes
he receives the most flattering tokens of sincere affec
tion from all ranks. He did not propose to have left
Virginia so soon but Gen1 Washington was about
setting out on a trip to the Ohio, and cod not then
accompany him on some visits as he wished to do.
The present plan of the Marquis is to proceed im
mediately to New York, thence by Rhode Island
to Boston, thence thro' Albany to Fort Stanwix,
where a treaty with the Indians is to be held the latter
end of this month, thence to Virginia so as to meet
the Legislature at Richmond. I have some thoughts
78 THE WRITINGS OF [1784
of making this tour with him, but suspend my final
resolution till I get to N. Y. whither I shall follow
him in a day or two.
The relation in1 which the Marquis stands to France
and America has induced me to enter into a free con-
versan with him on the subject of the Mississippi. I
have endeavored emphatically to impress on him that
the ideas of America and of Spain irreconcileably
clash that unless the mediation of France be effectually
exerted, an actual rupture is near at hand that in
such an event the connection between France and Spain
will give the enemies of the former in America the
fairest opportunity of involving her in our resentm^
against the latter, and of introducing Great Brit, as a
party with us as against both that America cannot
possibly be diverted from her object, and therefore
France is bound to set every engine at work to divert
Spain from hers ; and that France has besides a great
interest in a trade with the western country thro the
Mississippi. I thought it not amiss also to suggest to
him some of the considerations which seem to appeal
to the produce of Spain. He admitted the force of
everything I said told rne he would write in the most
[favorable] terms to the Coitnt de Vergennes by the
packet which will probably carry this and let me see
his letter at N. York before he sends it. He thinks that
Spain is bent on excluding us from the Mississippi
and mentioned several anecdotes which happened while
he was at Madrid in proof of it.
The Committee of the States have dispersed.
1 Italics for cypher.
1784] JAMES MADISON. 79
Several of the Eastern members havg by quitting it
reduced the number below a quorum, the impotent
remnant thought it needless to keep together. It is
not probable they will be reassembled before Novr,
so that there will be an entire interregnum of the
foederal Government for some time, against the inten
tion of Cong5 I apprehend, as well as against every
rule of decorum.
The Marquis this moment stepped into my room &
seeing my cyphers before me dropped some questions
which obliged me in order to avoid reserve to let him
know that / was writing to you. I said nothing on the
subject but he will probably infer from our conversatn
that the Mississippi is most in my thoughts.
Mrs. House charges me with a thousand compli
ments & kind wishes for you and Miss Patsy. We
hear nothing of Mrs. Trist since her arrival at the
Falls of the Ohio, on her way to N. Orleans. There
is no doubt that she proceeded down the river thence,
unapprized of her loss. When & how she will be
able to get back since the Spaniards have shut all
their ports agst the U. S., is uncertain & gives much
anxiety to her friends. Browze has a windfall from
his grand mother of ^"1000 sterling. Present my
regards to Miss Patsy and to Mr. Short if he should
be with you, and accept yourself Dear Sir, the
sincerest affection of your friend & servant.
TO THOMAS JEFFERSON.
N. YORK, Octr n, 1784.
DEAR SIR, — My last dated from this place on the
14 [15] ult : informed you of my projected trip to Fort
8o THE WRITINGS OF [1784
Schuyler. I am this moment arrived so far on my re
turn to Virginia. My past delay requires so much
hurry now that I can only drop a few lines for the
packet which is to sail on the i5th inst. The Mar
quis & myself were overtaken at Albany by Mr. de
Marbois, on the same errand with ourselves. We
reached Fort S. on the 29, & on the next day paid a
visit to the Oneida Nation 1 8 miles distant. The CorTi-
issrs did not get up till the Saturday following. We
found a small portion only of the six nations assem
bled ; nor was the number much increased when we
quitted the scene of business. Accts however had
come of deputies from more distant tribes being on
the way. The Marquis was recd by the Indians with
equal proofs of attachment as have been shewn him
elsewhere in America. This personal attachment with
their supposed predilection for his nation, and the
reports propagated among them that the Alliance be
tween F. & U. S. was transient only, led him with
the sanction of the Comissrs to deliver a Speech to
the Indian Chiefs coinciding with the object of the
Treaty. The answers were very favorable in their
general tenor. Copies of both will be sent to Mons.
de Vergennes & the [n] M. de Castries by Mr. Mar
bois & be within the reach of your curiosity. The
originals were so much appropriated to this use during
my stay with the Marquis that I had no opportunity
of providing copies for you. What the upshot of the
Treaty will be is uncertain. The possession of the
posts of Niagara &c by the British is a very inauspici
ous circumstance. Another is that we are not likely
1784] JAMES MADISON. 81
to make a figure otherwise that will impress a high
idea of our power or opulence. These obstacles will
be rendered much more embarrassing by the instruc
tions to the Comissrs which I am told leave no space
for negociation or concession, & will consequently
oblige them in case of refusal in the Indians to yield
the ultimate hopes of Congress to break up the Treaty.
But what will be the consequence of such an emer
gency ? Can they grant a peace without cessions of
territory — or if they do must not some other price here
after purchase them. A Truce has never I believe
been introduced with the Savages nor do I suppose
that any provision has been made by Congress for
such a contingency. The perseverance of the British
in retaining the posts1 produces various conjectures.
Some suppose it is meant to enforce a fulfilment of
the Treaty of peace on our part. This interpretation
is said to have been thrown out on the other side.
Others that it is a salve for the wound given the
Savages who are made to believe the posts will not
be given up till good terms shall be granted them by
Congress. Others that it is the effect merely of
omission by the B. Gov'to send orders. Others that
it is meant to fix the fur trade in the B. channel & it
is even said that the Govt of Canada has a personal
1 ..." That one reason assign'd for detaining the Western posts from
the United States was, because Virginia had not repealed her laws that impede
the recovery of British debts. It is sincerely to be lamented that our State
should be so charged, and it is much to be wished that the Advocates for re
taining those laws wd no longer insist upon furnishing pretext for detaining from
the U. S. possessions of such capital importance to the Union as these posts
are." — Richard Henry Lee to Madison, November 20, 1784. Mad. MSS.
82 THE WRITINGS OF [1784
interest in securing a monopoly of at least the crop of
this Season. I am informed by a person just from
Michilimackinac that this will be greater than it has
been for several seasons past, or perhaps any preced
ing season, & that no part of it is allowed by the
British Commanders to be brought thro' the U. S.
From the same quarter I learn that the posts have
been lately well provisioned for the winter, & that
reliefs if not reinforcements of the garrisons will take
place. Col : Monroe had passed Oswego when last
heard of & was likely to execute his plan. If I have
time & opportunity I will write again from Philad*
for which I set out immediately ; if not from Rich
mond. The Marqs proceeded from Albany to Boston
from whence he will go via R. Island, to Virg*, and
be at the Assembly. Thence he returns into the N.
States to embark for Europe.
I am Yrs affect
TO THOMAS JEFFERSON. MAD- MSS-
PHILADA. Octr. 17 1784.
DEAR SIR, — On my arrival here I found that Mr.
Short had passed through on his way to N. York &
was there at the date of my last. I regret much that
I missed the pleasure of seeing him. The inclosed
was put into my hands by Mrs. House, who reed*? it
after he left Philad* My two last, neither of which
were in cypher, were written as will be all future ones
in the same situation, 1 in expectation of their being
read by postmasters. I am well assured that this is
1 Italics for cypher.
1784] JAMES MADISON. 83
\hefate of all letters at least to and from public persons
not only in France but all the other Countries of
Europe. Having now the use of my cypher I can write
without restraint. In my last I gave you a sketch of
what passed at Fort Schuyler during my stay there,
mentioning in particular that the Marquis had made
a speech to the Indians with the sanction of the Corn-
miss^ Wolcott, Lee, Butler? The question will prob
ably occur how a foreigner and a private one, could
appear on the theatre of a public treaty between the
U. S. & the Indian nations and how the Commis
sioners could lend a sanction to it. Instead of
offering an opinion of the measure I will state the man
ner in which it was brought about. It seems that most
of the Indian tribes particularly those of the Iroquois
retain a strong predilection for the French and most of
the latter an enthusiastic idea of the Marquis. This
idea has resulted from his being a Frenchman the
figure he has made during the war and the arrival of
several important events which he foretold to them
soon after he came to this country. Before he went to
fort Schuyler it had been suggested, either in compli
ment or sincerity that his presence & influence might
be of material service to the treaty. At albany the
same thing had been said to him by general Wolcot.
On his arrival at FortS. Mr. Kirkland recommended
an exertion of his influence as of essential conseqcf to the
treaty, painting in the strongest colours the attach
ment of the Indians to his person, which seemed indeed
to be verified by their caresses and the artifices em-
1 Oliver Wolcott, Richard Butler, and Arthur Lee.
84 THE WRITINGS OF [1784
ployed by the British partisans to frustrate the objects
of the treaty among which was a pretext that the
alliance between the U. S. and France was insincere
and transitory and consequently the respect of the In
dians for the latter ought to be no motive for their res
pecting the former. Upon these circumstances the M.
grounded a written message to the Commissrs. before
they got up intimating his disposition to render the U.
S. any service his small influence over the Indians
might put in his power and desiring to know what the
Commissioners would chuse him to say. The answer
in Mr. Lees hand consisted of polite acknowledgments
and information that the Commissrs. would be happy
in affording him an opportunity of saying whatever he
might wish forbearing to advise or suggest w* it would
be best for him to say. the M. perceived the ca^Uion
but imputed it to Lee alone. As his stay was to be
very short it was necessary for him to take provisional
measures before the arrival of the Commissrs and
particularly for calling in the Oneida Chiefs who were
at their town. It fell to my lot to be consulted in his
dilemma. My advice was that he should invite the
chief in such a way as would give him an opportunity
of addressing them publicly, if on a personal interview
with the Commissioners it should be judged expedient ;
or of satisfying their expectations with a friendly
entertainment in return for the civilities his visit to
their town had met with. This advice was approved ;
but the Indians brought with them such ideas of his
importance as no private reception would probably have
been equal to. When the Commissioners arrived the
1784] JAMES MADISON. 85
M. consulted them in person. They were reserved, he
was embarrassed. Finally they changed their plan and
concurred explicitly in his making a Speech in form.
He accordingly prepared one communicated it to the
Commrs. and publicly pronounced it the Commrs.
premising such an one as was thought proper to intro
duce his. The answer of the sachems, as well as the
circumstances of the audience denoted the highest rev
erence for the orator. The chief of the Oneidas said
that the word which he had spoken to them early in
the war had prevented them from being misled to the
wrong side of it. During this scene and even during
the whole stay of the M. he was the only conspicuous
figure. The Commissioners were eclipsed All of
them probably felt it. Lee complained to me of the
immoderate stress laid on the influence of the M., and
evidently promoted his departure. The M. was not
insensible of it, but consoled himself with the service
which he thought the Indian Speech would witness
that he had rendered to the U. S. I am persuaded
that the transaction is also pleasing to him in
another view as it will form a bright column in the
Gazettes of Europe. As it is blended with the pro
ceed^ of the Commrf, it will probably not be published
in America very soon. The time I have lately passed
with the M. has given me a pretty thorough insight
into his character. With great natural frankness of
temper he unites much address and very considerable
talents. In his politics he says his three hobby-horses
are the alliance between France and the U. S., the
union of the latter and the manumission of the slaves.
86 THE WRITINGS OF [1784
The two former are the dearer to him, as they are con
nected with his personal glory. The last does him real
honor, as it is a proof of his humanity. In a word,
I take him to be as amiable a man as can be imagined
and as sincere an American as any Frenchman can be ;
one whose past services gratitude obliges us to acknow
ledge and whose futitre friendship prudence requires
us to cultivate.
The Committee of the States have never reassem
bled. The case of Longchamps has been left both
by the Legislature & Executive of this State to its
Judiciary course. He is sentenced to a fine of 100
Crowns, to 2 years' imprisonment, and Security for
good behaviour for 7 years. On teusday morning
I set off for Richmond, where I ought to be to
morrow, but some delays have put it out of my
power. The ramble I have taken has rather inflamed
than extinguished my curiosity to see the Northern
and N. W. Country. If circumstances be favorable
I may probably resume it next Summer. Present my
compliments to Miss Patsy, for whom as well as your
self Mrs. House charges me with hers. She has lately
rec? a letter from poor Mrs. Trist, every syllable of
which is the language of affection itself. She had
arrived safe at the habitation of her decd Husband,
but will not be able to leave that Country till the
Spring at the nearest. The only happiness she says
she is capable of there, is to receive proofs that her
friends have not forgotten her. I do not learn what
is likely to be the amount of the effects left by Mr. T.
former accounts varied from 6 to 10,000 dollars.
I am my Dear Sir, Yrs very affect.
1784] JAMES MADISON, 87
TO JAMES MONROE. MAD. MSS.
RICHMOND, Nov. — , 1784.
DEAR SIR, — Your favor without date was brought
by thursday's post. It inclosed a Cypher for which I
thank you & which I shall make use of as occasion
may require, though from the nature of our respective
situations, its chief value will be derived from your
use of it. Ge1 Washington arrived here on Sunday
last, and the Marquis on thursday. The latter came
from Boston in a French frigate. They have both
been addressed & entertained in the best manner that
circumstances would admit. These attentions and the
balloting for public offices have consumed the greatest
part of the past week. Mr. Jones is put into the
place of Mr. Short, Mr. Roane and Mr. M. Selden
are to go into those of Mr. M. Smith & Col. Chris
tian who are the victims to that part of the Constitu
tion which directs a triennial purgation of the Council.
The vote is not to take effect till the Spring, but was
made now in consequence of the discontinuance of the
Spring Session. The rejected Candidates were Col.
Bland, Cys Griffin, G. Webb, W. C. Nicholas, Mr.
Breckenridge, Col. Carrington. The latter was within
one vote of Mr. Selden, Col. B. Mr. N., & Mr. B.,
had as nearly as I recollect between 20 & 30 votes,
Mr. G. & Mr. W. very few. Mr. H. Innes late Judge
of the Kentucky Court is to succeed W[alker]
D[aniel], late Attorney General in that District. His
competitor was Mr. Stewart who was about 15 votes
behind.
I am Dr Sir Yrs sincerely.
88 THE WRITINGS OF [1784
NOTES OF SPEECH AGAINST ASSESSMENTS FOR SUPPORT OF
RELIGION. NOVEMBER - - 1784. MAD. MSS.
I. Rel. not within purview of civil authority.1
Tendency of estab? Xnty — i. to project of Uniformity. 2. to
penal laws for support2 it.
Progress of Gen. Asses* proves this tendency.
Difference between estab? and tolerating errour.
" True question — not Is Rel. necessy, — but
II. are Relig* Estabts necesy for Religion ? No.
1. propensity of man to Religion.
2. Experience shews Relig. corrupted by Estabts'
3. Downfall of States mentioned by Mr. H. — happened where
there was estab'-
4. Experience gives no model of Gen1 Asst-
5. Case of Pa. explained — not solitary. N. J. See const, of
it. R. I. N. Y. D. factions greater in S. C.
6. Case of primitive Xnty.
of Reformation.
of Dissenters formerly.
7. Progress of Religious liberty.
III. Policy-
1. promote emigrations from State.
2. prevent immig. into it, as asylum.
IV. Necessity of Estab1 inferred from state of coy'
True causes of disease.
1. war | common to other States & produce same com-
2. bad laws ) plts in N. E.
3. pretext from taxes.
4. state of administration of Justice.
5. transition from old to new plan.
6. policy and hopes of friends to G. Asst-
True remedies not Estabt- — but, being out of war,
i. laws to cherish virtue.
*A paraphrase of this speech may be found in Rives i., 604. The speech is
written in a microscopic hand on the back of a letter.
1784] JAMES MADISON. 89
2. administration of justice.
3. personal example — associations for R.
4. By present vote, cut off hope of G. asst-
5. Education of youth.
V. Probable defects of Bill,
1. limited.
2. in particular.
3. What is Xnty ? Courts of law to Judge.
4. What edition: Hebrew, Septuagint, or Vulgate? What copy
what translation ?
5. What books canonical, what apocryphal? the papists hold
ing to be the former what protestants the latter, the Lutherans
the latter what the protestants & papists ye former.
6. In what light are they to be viewed, as dictated every letter
by inspiration, or the essential parts only ? Or the matter in
general not the words ?
7. What sense the true one for if some doctrines be essential
to Xnty those who reject these, whatever name they take are no
Xn Society ?
8. Is it Trinitarianism, Arianism, Socinianism ? Is it salvation
by faith or works also, by free grace or by will, &c., &c.
9. What clue is to guide [a] Judge thro' this labyrinth when
ye question comes before them whether any particular society is
a Xn society ?
10. Ends in what is orthodoxy, what heresy.
Dishonors Christianity.
panegyric on it, on our side.
Decl. Rights."
TO JAMES MONROE. MAD. MSS.
RICHMOND, Nov^ i4th, 1784.
DEAR SiR,1 — * * The Indians begin to
be unquiet we hear both on the N. W. & S. E. sides
1 The opening of the letter relates to Monroe's journey over the same ground
substantially that Madison had just travelled.
9o THE WRITINGS OF [1784
of the Ohio. The Spaniards are charged with spur
ring on the latter. As means of obviating the dangers,
the H. of D. have resolved to authorize the Executive
to Suspend the surveying of land within the un-
purchased limits, & to instruct the Delegation to
urge in Congf Treaties with the Southern Indians
and negociations with Spain touching the Mississip1.
They also propose to set on foot surveys of Potowmac
& James Rivers from their falls to their sources.
But their principal attention has been & is still occu
pied with a scheme proposed for a Gen1 Asse1; 47 have
carried it agst 32. l In its present form it excludes
all but Xn Sects. The Presbyterian Clergy have
remonstrated agst any narrow principles, but indirectly
favor a more comprehensive establish'. I think the
bottom will be enlarged & that a trial will be made
of the practicability of the project. The Successor
to Mr. H[arrison] is not yet appointed or nominated.
It is in the option of Mr. H[enry], and I fancy he will
not decline the service. There will be three vacancies
in the Council, for which no nominations have been
made. Mr. C. Griffith will probably be named, &
Mr. W. Nicholas. Mr. Roane is also spoken of.
I am, Dr Sir, Yrs sincerely.
1 The resolution was brought in by Henry. It declared that " the people of
the commonwealth, according to their respective abilities, ought to pay a
moderate tax or contribution for the support of the Christian religion, or of
some Christian church, denomination, or communion of Christians, or of some
form of Christian worship." Only one petition appeared against the measure.
A special committee with Henry at the head was appointed to prepare the bill.
See Rives i., 599, et seq.
1784] JAMES MADISON. 91
TO JAMES MONROE. MAD- MSS-
RICHMOND, Novr 27, 1784.
DEAR SIR, — Your favor of the I5th inst : came to
hand by thursday's post. Mine by the last post ac
knowledged your preceding one. The umbrage given
to the Comsrs of the U. S. by the negociations of
N. Y. with the Indians was not altogether unknown
to me, though I am less acquainted with the circum
stances of it than your letter supposes. The Idea
which I at present have of the affair leads me to say
that as far as N. Y. may claim a right of treating with
Indians for the purchase of lands within her limits,
she has the confederation on her side ; as far as she
may have exerted that right in contravention of the
Gen1 Treaty, or even unconfidentially with the
Comsrs of Cong5, she has violated both duty & de
corum. The fcederal articles give Cong5 the ex
clusive right of managing all affairs with the Indians
not members of any State, under a proviso, that the
Legislative authority of the State within its own limits
be not violated. By Indians not members of a State,
must be meant those, I conceive who do not live
within the body of the Society, or whose Persons or
property form no objects of its laws. In the case of
Indians of this description the only restraint on Con
gress is imposed by the Legislative authority of the
State.
If this proviso be taken in its full latitude, it must
destroy the authority of Congress altogether, since
no act of Cong5 within the limits of a State can be
conceived which will not in some way or other
9 2 THE WRITINGS OF [1784
encroach upon the authority [of the] State. In order
then to give some meaning to both parts of the sen
tence as a known rule of interpretation requires, we
must restrain this proviso to some particular view of
the parties. What was this view ? My answer is
that it was to save to the States their right of pre
emption of lands from the Indians. My reasons are.
i. That this was the principal right formerly exerted
by the Colonies with regard to the Indians, 2. that
it was a right asserted by the laws as well as the pro
ceedings of all of them, and therefore being most
familiar, wd be most likely to be in contemplation of
the parties. 3. that being of most consequence to the
States individually, and least inconsistent with the
general powers of Congress, it was most likely to
be made a ground of Compromise. 4. it has been
always said that the proviso came from the Virga
Delegates, who wd naturally be most vigilant over
the territorial rights of their Constituents. But what
ever may be the true boundary between the authority
of Cong8 & that of N. Y., or however indiscreet
the latter may have been I join entirely with you in
thinking that temperance on the part of the former
will be the wisest policy. I concur with you equally
with regard to the ignominious secession at Anna
polis. As Congs are too impotent to punish such
offences, the task must finally be left to the States
and experience has shewn in the case of Howel that
the interposition of Cong? agst an offender instead
of promoting his chastisement, may give him a signi-
ficancy wch he otherwise wd never arrive at and may
1784] JAMES MADISON. 93
induce a State to patronize an act which of their own
accord they would have punished. I am sorry to find
the affair of Mr. de Marb s. taking so serious a
face. As the insult was committed within the juris
diction of Pena, I think you are right in supposing the
offender could not be transferred to another jurisdic
tion for punishment. The proper questions therefore
are i. whether the existing law was fully put in force
agst him by Pa? 2. whether due provision has been
made by that State agst like contingencies ? Nothing
seems to be more difficult under our new Govern
ments than to impress on the attention of our Legis
latures a due sense of those duties which spring from
our relations to foreign nations. Several of us have
been labouring much of late in the G. Assembly here
to provide for a case with which we are every day
threaten'd by the eagerness of our disorderly Citizens
for Spanish plunder & Spanish blood. It has been
proposed to authorize Cong8 Whenever satisfactory
proof shall be given to them by a foreign power of
such a crime being committed by our Citizens within
its jurisdiction as by the law of Nations call for a sur
render of the Offender, & the foreign power shall
actually make the demand, that the Executive may at
the instance of Cong5 apprehend & deliver up the
offender. That there are offences of that class is
clearly stated by Vattel in particular, & that the busi
ness ought to pass through Cong5, is equally clear.
The proposition was a few days ago rejected in
Comittee of the whole. To-day on the report of the
Corn6 it has been agreed to by a small majority. This
94 THE WRITINGS OF [1784
is the most material question that has agitated us
during the week past. The Bill for a Religious
Asses1 has not been yet brought in. Mr. Henry the
father of the scheme is gone up to his Seat for his
family & will no more sit in the H. of Delegates a
circumstance very inauspicious to his offspring. An
attempt will be made for circuit Courts, & Mr. Jones
has it in contemplation to try whether any change
has taken place in the sentiments of the H. of D. on
the subject of the Treaty. He will write to you by
this post & I refer to him for what I may have
omitted.
With sincere regard & esteem I am Dr Sir
Yr friend & serv1.
TO JAMES MADISON. MAD- MSS-
RICHD- Novr 27, 1784.
HOND SIR, — Having a moment's time to drop you
a line I inform you that the Bill for confirming sur
veys agst subsequent entries has been negatived by a
large majority, rather on the principle that it was un
necessary & retrospective, than that it was unjust in
itself. On the contrary all the principal gentlemen
were of opinion that it was just, but already provided
for by the law. Mr. Innes the late Judge of the
Kentucky Court, in particular told me he thought
such surveys could not be overset. You will have
heard of the vote in favor of the Gen1. Assess* The
bill is not yet brought in & I question whether it
will, or if so whether it will pass. This day a vote
1784] JAMES MADISON. 95
passed without a dissent for Circuit Courts. What
opposition may be made to its passage I know not.
I have not yet found time to do your business at the
Land Office. I expected before this to have seen
my brother A. & Majf Moore. I have been a little
indisposed for a few days with a bad cold which still
continues, otherwise I am well. Mr Joseph will tell
you the price of Tob? I think it will rise.
With regards to the family
I am Dr Sir Your Affecte son.
TO JAMES MADISON. MAD. MSS.
RICHMOND, Dec1; 3, 1784.
HON'D SIR, — My last informed you that a vote
had passed in favor of Circuit Courts. A bill has since
been brought in and will shortly be considered. The
difficulty of suiting it to every palate, & the many
latent objections of a selfish & private nature which
will shelter themselves under some plausible objec
tions of a public nature to which every innovation is
liable render the event extremely uncertain. In the
Course of this week The H. of D. have agreed to pay
the British debts by annual portions for 7 years dis
allowing interest between the 19^ of Ap! 1775 &
3? of March 1783, the period of hostilities. It is not
unlikely that the same observations above made on
the Circuit Court bill may be applicable to this case.
The bill for Gen1.- Ass' was brought in yesterday. Its
fate is equally uncertain. I inclose a copy of Treaty
at Fort Stanwix which I rec*? by yesterdays post.
96 THE WRITINGS OF [1784
The Comiss?5 were proceeding to Fort Pitt to hold
another Treaty : No Cong? had been formed on the
2O^h of Nov- nor much prospect of a speedy one. The
British hold the N. Western Post yet & assign in
justification the breach of Peace in Virg? & N. York.
I am much better than at ye date of my last &
with affec^ respect to family remain
Yr Dutiful Son.
TO JAMES MONROE. MAD. MSS,
RICHMOND, Decr. 4. i 784
DEAR SIR, — On Saturday last a proposition was
agreed to for establishing Circuit Courts throughout
this Commonwealth, and yesterday a bill for that pur
pose was reported. On Wednesday next it will un
dergo a discussion of the Com6 of the Whole. The
circumstances under which it has passed thus far seem
to promise a favorable issue, but the dangers which it
is yet to go thro' are formidable. They proceed from
latent & interested objections which have on several
former occasions proved fatal to similar attempts. The
plan is pretty analogous to the Nisi prius establishing in
England. On Tuesday sundry propositions were
made by Mr. Jones in favor of the 4 art : of the
Treaty of peace. They passed by a large majority
with blanks as to the length of time to be given for
the payment of the principal and for disallowing the
interest. The former was filled up with seven years,
in preference to 10, 8, 6, & 5 which were contended
for on different sides. The latter with the period be
tween Ap1 19, 1775, & March 3, 1783, in preference
1784] JAMES MADISON. 97
to the period between the first date & May 1784,
the date of the exchange of Ratifications. The bill
will probably pass but not I fear without some im
proper ingredients, & particularly some conditions
relative to the N. W. Posts, or the Negroes which lye
without our province. The bill for the Religious
Ass' was reported yesterday and will be taken up in a
Com? of the whole next week. Its friends are much
disheartened at the loss of Mr. Henry. Its fate is I
think very uncertain. Another Act of the H. of D.
during the presf week is a direction to the Executive
to carry into effect the vote of a Bust to the Marquis
de la fayette, to be presented to the City of Paris, &
to cause another to be procured to be set up in this
Country. These resolutions are so contrived as to
hide as much as possible the circumstance in the orig
inal vote of the bust being to be presented to the
Marquis himself. I find by a Letter from G1 Washing
ton that he was on the 28th Ult : just setting out to
accompany the Marquis to Annapolis & thence to
Baltimore. The latter may therefore soon be expected
at Trenton. He has been much caressed here as
well as everywhere else in his Tour, and I make no
doubt he will leave Cong* with equal reason to be
pleased with his visit. I meant to have sent you a
copy of the Resolutions touching the Busts, but have
been disappointed in getting one. They were offered
by Mr. Jones & agreed to unanimously, as they no
doubt will also be in the Senate. Wishing you all hap
piness, I am
D^Sir
Yrs. sincerely
VOL. II. — 7.
98 THE WRITINGS OF [1784
TO JAMES MONROE. MAD. MSS.
RICHMOND, Decr- 24th, 1784.
DEAR SIR, — Your favor of the 1 4th instant came to
hand on thursday. A proposition was' made a few
days ago for this State to empower Cong? to carry
into effect the imposts as soon as 12 States should
make themselves parties to it. It was rejected on
the following grounds i. that it would present a
disagreeable aspect of our affairs to Foreign nations.
2. that it might lead to other combinations of lesser
numbers of the States. 3. that it would render R.I. an
inlet for clandestine trade. 4. that it would sour her
temper still further at a crisis when her concurrence
in some general & radical amendment of the Confed
eration may be invited by Congress. 5. that the
chance is almost infinitely ags.1 a Union of i 2 States
on such new ground, and consequently the experi
ment would be only a fresh display of the jarring
policy of the States, and afford a fresh triumph &
irritation to R. Island. The Act empowering Cong?
to surrender Citizens of this State to the Sovereign
demanding them for certain crimes committed within
his jurisdiction has passed. Congress are to Judge
whether the crimes be such as according to the Law
of nations warrant such demand, as well as whether
the fact be duly proven. Concurrent provision is
made for punishing such offences by our own laws in
case no such demand be made to or be not admitted by
Cong?, and legal proof can be had. The latter law
extends to offences agst the Indians. As these tribes
do not observe the law of Nations it was supposed
1784] JAMES MADISON. 99
neither necessary nor proper to give up Citizens to
them. The Act is not suspended on the concurrence
of any other State, it being judged favorable to the
interest of this tho' no other should follow the exam
ple, and a fit branch of the federal prerogative. The
Bill for Assize Courts has passed the Senate without
any material amendment, is enrolled, and waits only
to be examined by the Coinitte & signed by the
Speakers. The Gen! Assess' on the question for en
grossing it, was yesterday carried by 44 ag8.1 42. To
day its third reading was put off till Nov^ next, by 45
ag^ 37 or thereabouts, and it is to be printed for con
sideration of the people. Much business is still on
the table but we shall probably rise about New Years
day. I am, Df Sir with sincere regard Yf friend &
serv*
TO RICHARD HENRY LEE. MAD. MSS.
Extract from a letter from J. M. to Rich? H. Lee, Deer 25, 1784.
In the course of the last week a proposition was made to im-
power Congress to collect the Impost within this State (Virginia)
as soon as 12 States shd. unite in the scheme. The argum1.5 which
prevailed ags.1 it were the unfavorable aspect it wd. present to for
eigners, the tendency of the example to inferior combinations —
the field it w? open for contraband trade — its probable effect on
the temper of R. Isl? which might thwart other necessary meas
ures of requiring the unanimity of the States — the improbability
of the union of 12 States on this new ground, a failure of which
w? increase the appearance of discord in their policy ; and give
fresh triumph & irritation to Rh. Is?
I have not yet found leisure to scan the project of a Con
tinental Convention with so close an eye as to have made up any
observations worthy of being mentioned to you. In general I
ioo THE WRITINGS OF [1784
hold it for a maxim that the Union of the States is essential to
their safety ag5.* foreign danger, & internal contention; and that
the perpetuity and efficacy of the present system cannot be con
fided in. The question therefore is, in what mode, & at what
moment the experiment for supplying the defects ought to be
made. The answer to this question can not be given without a
knowledge greater than I possess of the temper & views of the
different States. Virginia seems I think to have excellent dis
positions towards the confederacy, but her assent or dissent to
such a proposition w? probably depend on the chance of its hav
ing no opponent capable of rousing the prejudices & jealousies of
the Assembly ag5* innovations, particularly such as will derogate
from their own power & importance. Should a view of the other
States present no objections ag5* the experiment, individually I
w? wish none to be presupposed here.
RESOLUTIONS TOUCHING THE NAVIGATION AND JURIS
DICTION OF THE POTt)MAC. MAD. MSS.
December 28* 1784.
Resolved that the Commissioners or any two of them appointed
on the 28^ day of June last to concert with commissioners on the
part of Maryland, regulations touching the navigation and juris
diction of the Potowmac, be further authorized with the said
commissioners in representing to the State of Pennsylvania, that
it is in contemplation of the two States to promote the clearing
and extending the navigation of Potowmac from tide-water up
wards as far as the same may be found practicable ; to open a
convenient road from the head of such navigation to the waters
running into the Ohio ; and to render these waters navigable as
far as may be necessary and proper : that said work will require
great expense which may not be repaid, unless a free use be se
cured to the said States & their citizens, of the waters of the Ohio
and its branches, so far as the same lie within the limits of Penn
sylvania : that as essential advantages will accrue from such works
to a considerable portion of the said State, it is thought reason
able that the Legislature thereof should by some previous act
1784] JAMES MADISON. 101
engage that for the encouragement of the said works all articles of
produce or merchandize which may be conveyed to or from either
of the said two states, through either of the said rivers within the
limits of Pennsylvania, to or from any place without the said limits,
shall pass throughout free from all duties or tolls whatsoever,
other than such tolls as may be established and be necessary for
reimbursing expenses incurred by the State or its Citizens in clear
ing, or for defraying the expense of preserving the navigation of
the said rivers : and that no articles imported into the State of
Pennsylvania through the channel or channels or any part thereof
to be opened as aforesaid and vended or used within the said
State, shall be subject to any duties or imposts other than such
articles would be subject to if imported into the said State thro'
any other channel whatsoever : and it is further resolved that in
case a joint representation in behalf of this State and of Maryland
shall be rendered by circumstances unattainable, the said Com-
missiors or any two of them may of themselves make such repre
sentations on the subject as will in such event become proper ;
and that in either event they report their proceedings to the next
General assembly.
Resolved that a copy of the above Resolutions be transmitted
forthwith by the Executive to the State of Maryland.1
1 Madison also had a scheme for improving the roads of the State, and pre
pared resolutions in the winter of 1784-85 to be introduced at this session of the
Legislature, but the time being inopportune he allowed the matter to drop.
' ' Whereas the opening & keeping in repair of direct roads from the differ
ent parts of this Common'th to the several market Towns, and from one market
Town to another would greatly encourage agriculture by cheapening the trans
portation of its productions to the places of consumption & exportation, and
would in other respects contribute to the improvement of the Country by facilitat
ing intercourse between the different parts thereof, and it is considered by the
present general assembly, that altho' the various necessary burdens which now
press on the people render a general plan for the aforesaid purpose unadvisable
at this moment, yet that such a beginning ought to be made in the work as will
not only produce immediate advantage to the community ; but will lead to a
more diffusive & complete execution thereof : and it is the more necessary that
the principal roads should be so straightened before the value of the ground to
be obtained from individuals increases) Be it therefore enacted that the gov-
ernour with the advice of the Council of State shall be £ he hereby is author
ized to cause surveys to be made in order to determine the best courses for
102 THE WRITINGS OF [1785
TO THOMAS JEFFERSON. MAD. MSS.
RICHMOND, Janr gth, 1785.
DEAR SIR, — My last was dated in Philada, Oct1: 1 7.
I reached this place on the 14^ day after that fixed for
the meeting of the Assembly and was in time for the
commencement of business. Yesterday put an end
to the tedious Session. According to my promise I
subjoin a brief review of its most material proceed
ings.
An Act for This act was carried through the House
the establisht. *• T-^ i • -i
of courts of of Delegates against much secret repug-
Assize. nance, but without any direct and open
opposition. It luckily happened that the latent op
position wanted both a mouth and a head. lMr.
Henry had been previously elected Governor and was
gone for his family. From his conversation since I
surmise that his presence might have been fatal. The
Act is formed precisely on the English pattern, and
is nearly a transcript from the bill originally penned
in 1776 by Mr. Pendleton except that writs sent blank
from the Cll" of Gen! G are to issue in the district,
but ret4? to G! G. In the Senate it became a con
sideration whether the Assize Courts ought not to be
turned into so many Courts of independent and com
plete jurisdiction, and admitting an appeal only to
roads, (having regard to the nature of the ground as well as to distance) from
& to the following places to wit ; from and for executing such surveys the
Governor with the advice aforesaid is further authorized to appoint a proper
person for each of such surveys who shall be allowed a sum not exceeding
per day during his actual employment in the service, and who may take with
him so many assistants & such daily wages as the Executive shall approve, the
said Surveyors shall make to the Governour the — Mad. MSS.
1 Cypher represented by italics.
1785] JAMES MADISON. 103
the Court of Appeals. If the fear of endangering
the bill had not checked the experiment, such a prop
osition would probably have been sent down to the
House of Delegates, where it would have been better
relished by many than the Assize plan. The ob
jections made to the latter were that as it required the
issues to be made up and the judgments to be
awarded in the General Court it was but a partial re
lief to suitors, and might render the service of double
setts of Lawyers necessary. The friends of the plan
thought these inconveniences as far as they were real,
outweighed by the superior wisdom & uniformity of
decisions incident to the plan ; not to mention the
difference in the frequency of appeals incident to the
different plans. In order to leave as few handles as
possible for cavil the bill omitted all the little regula
tions which would follow of course, and will therefore
need a supplement. To give time for this pro
vision as well as by way of collecting the mind of the
public, the commencement of the law is made pos
terior to the next Session of Assembly. The places
fixed for the Assize Courts are Northumberland Court
House, Williamsbs, Accomack Q House, Suffolk,
Richmond, Petersburg, Brunswick O House, King &
Queen Q House, Prince Edw* G H., Bedford G H.,
Montgomery & Washington G Hs alternately, Staun-
ton, Charlottesville, Fredericksbg, Dumfries, Win
chester, and Monongalia G H. Besides the judicial
advantages hoped from this innovation, we consider
it as a means of reconciling to our Gov' the discon
tented extremities of the State.
io4 THE WRITINGS OF [1785
An Act for The subject of clearing these great rivers
opening and was brought forward early in the Ses-
extending the J
navigation of siOn under the auspices of General Wash-
Potowmac . .
river. ington, who had written an interesting
do*" do* of private letter on it to Govr. Harrison
james river. wnich the latter communicated to the
Gen! Assembly. The conversation of the Gen! during
a visit paid to Richmond in the course of the Session,
still further impressed the magnitude of the object on
sundry members. Shortly after his departure, a joint
memorial from a number of Citizens of Va & Mary
land, interested in the Potowmac, was presented to
the Assembly, stating the practicability and importance
of the work, & praying for an act of incorpora
tion, and grant of perpetual toll to the Under
takers of it. A bill had been prepared at the same
meeting which produced the Memorial, and was
transmitted to Richmond at the same time. A like
memorial & bill went to Annapolis where the Legis
lature of Maryland were sitting. The Assembly here
lent a ready ear to the project, but a difficulty arose
from the height of the tolls proposed, the danger of
destroying the uniformity essential in the proceedings
of the two States, by altering them, — and the scarcity
of time for negociating with Maryland a bill satis
factory to both States. Short as the time was how
ever, the attempt was decided on, and the negociation
committed to Gen! Washington himself. Gen! Gates
who happened to be in the way and Col. Blackburn
were associated with him. The latter did not act, the
two former pushed immediately to Annapolis, where
1785] JAMES MADISON. 105
the sickness of Gen! Gates threw the whole agency
on Gen! Washington. By his exertions in concert
with Committees of the two branches of the Legis
lature, an amendment of the plan was digested in a
few days, passed thro' both houses in one day with
nine dissenting voices only, and despatched for Rich
mond, where it arrived just in time for the close of
the Session. A corresponding Act was immediately in
troduced, and passed without opposition. The scheme
declares that the subscribers shall be an incorporated
body, that there shall be 500 Shares, amounting to
about 220,000 dollars, of which the States of Va &
Maryd are each to take 50 shares, that the tolls shall
be collected in three portions, at the three principal
falls, and with the works vest as real estate in the
members of the Company, and that the works shall
be begun within one year, and finished within ten
years, under the penalty of entire forfeiture.
Previous to the receipt of the Act from Annapolis
a bill on a different plan had been brought in and pro
ceeded on for clearing James River. It proposed
that subscriptions should be taken by Trustees and
under their management solemnly appropriated to the
object in view, that they should be regarded as a loan
to the State, should bear an interest of 10 per d, and
should entitle the subscriber to the double of the
principal remaining undischarged at the end of a
moderate period ; and that the tolls to be collected
should stand inviolably pledged for both principal &
interest. It was thought better for the public to pre
sent this exuberant harvest to the subscribers than to
io6 THE WRITINGS OF [1785
grant them a perpetuity in the tolls. In the case of
the Potowmac which depended on another authority
as well as our own, we were less at liberty to consider
what wd be best in itself. Exuberant however as the
harvest appeared, it was pronounced by good judges
an inadequate bait for subscriptions even from those
otherwise interested in the work, and on the arrival
and acceptance of the Potowmac plan, it was found
advisable to pass a similar one in favor of James
River. The circumstantial variations in the latter
are i. the sum to be aimed at in the first instance is
100,000 Dollars only. 2. the shares which are the
same in number with those of Potowmac, are reduced
to 200 dollrs each and the number of public shares
raised to 100. 3. the tolls are reduced to \ of the
aggregate of the Potowmac tolls. 4. in case the falls
at this place where alone tolls are to be paid, shall be
first opened, the Company are permitted to receive
the tolls immediately, and continue to do so till the
lapse of ten years, within which the whole river is to
be made navigable. 5. a right of pre-emption is re
served to the public on all transfers of shares. These
acts are very lengthy, and having passed in all the pre
cipitancy which marks the concluding stages of a
Session, abound I fear with inaccuracies.
In addition to these acts joint resolutions have
passed the Legislatures of Maryd & Va for clearing a
road from the head of the Potowmac navigation to
o
Cheat river or if necessary to Monongalia, & 3333^
Dollars are voted for the work by each State. Penn-
sylva is also to be applied to by the Governors of the
1785] JAMES MADISON. 107
two States for leave to clear a road thro' her jurisdic
tion if it should be found necessary, from Potowmac
to Yohogania ; to which the Assembly here have
added a proposition to unite with Maryland in repre
senting to Pena the advantages which will accrue to
a part of her citizens from opening the proposed com
munication with the Sea, and the reasonableness of
her securing to those who are to be at the expence,
the use of her waters, as a thoroughfare to & from
the Country beyond her limits, free from all imposts
& restrictions whatever, and as a channel of trade
with her citizens free from greater imposts than may
be levied on any other channel of importation. This
Resolution did not pass till it was too late to refer it
to Gen1 Washington's negociations with Maryland.
It now makes a part of the task allotted to the
Coiriissrs who are to settle with Maryd the jurisdic
tion & navigation of Potowmac below tide water. By
another Resolution of this State, persons are to be
forthwith appd by the Executive to survey the upper
parts of Jas river, the country thro' which a road must
pass to the navigable waters of New River, and these
waters down to the Ohio. I am told by a member of
the Assembly, who seems to be well acquainted both
with the intermediate ground and with the Western
waters in question, that a road of 25 or 30 miles in
length will link these waters with Js river, and will
strike a branch of the former which yields a fine nav
igation, and falls into the main stream of the Ken-
hawa below the only obstructions lying in this river
down to the Ohio. If these be facts James River
io8 THE WRITINGS OF [1785
will have a great superiority over Potowmac, the road
from which to Cheat river is indeed computed by
Gen1 Washington at 20 miles only, but he thinks the
expence of making the latter navigable will require a
continuation of the road to Monongalia, which will
lengthen it to 40 miles. The road to Yohogania is
computed by the Gen1 at 30 miles.
By another resolution, Comissr.s are to be app^ to
survey the ground for a canal between the waters of
Elizabeth river and those of N. Carolina, and in
case the best course for such a canal shall require the
concurrence of that State, to concert a joint plan and
report the same to the next Session of Assembly.
Besides the trade which will flow thro' this channel
from North Carolina to Norfolk the large district of
Virginia watered by the Roanoak will be doubled in
its value by it.
The Treasurer is by this act directed to
ing iCnveG~ subscribe 50 shares in the Potowmac &
100 shares in the James River Companies
in the which shall vest in Gen! Washington &
Companies for jj-
openingjames his heirs. 1 his mode of adding some
river^. ° substantial to the many honorary rewards
bestowed on him was deemed least in
jurious to his delicacy, as well as least dangerous as a
precedent. It was substituted in place of a direct
pension urged on the House by the indiscreet zeal of
some of his friends. Though it will not be an
equivalent succour in all respects it will save the
General from subscriptions which would have op
pressed his finances ; and if the schemes be executed
1785] JAMES MADISON. 109
within the period fixed, may yield a revenue for some
years before the term of his [sic]. At all events it
will demonstrate the grateful wishes of his Country
and will promote the object which he has so much at
heart. The earnestness with which he espouses the
undertaking is hardly to be described, and shews that
a mind like his, capable of great views & which has
long been occupied with them, cannot bear a vacancy ;
and surely he could not have chosen an occupation
more worthy of succeeding to that of establishing
the political rights of his Country, than the patron
age of works for the extensive & lasting improve
ment of its natural advantages ; works which will
double the value of half the lands within the Com
monwealth, will extend its commerce, link with its in
terests those of the Western States, and lessen the
emigration of its Citizens by enhancing the profit
ableness of situations which they now desert in search
of better.
An Act to Our successive postponements had
discharge the thrown the whole tax of 1 784 on the year
people of this . -n
common- 1 785. The remission therefore still leaves
one naif ortho three halves to be collected. The plenti-
°f
and the price of the latter which is vi
brating on this river between 367. & 4O/. seem to en
able the Country to bear the burden. A few more
plentiful years with steadiness in our Councils will
put our credit on a decent footing. The payments
from this State to the Continental treasury between
Ap!, 83, and Novf, 84, amount to ,£123,202 us. i^-,
no THE WRITINGS OF [1785
V* Curry. The printed report herewith inclosed will
give you a rude idea of our finances.
T. Rumsey by a memorial to the last
An Act giv- J . , i 111-
ing james Session represented that he had invented
a mechanism, by which a boat might be
worked with little labour at the rate of
navigating frOm 2$ to Ao miles a day, against a
certain boats . ^ r -1
for a limited stream running at the rate of 10 miles an
hour, and prayed that the disclosure of
his invention might be purchased by the public. The
apparent extravagance of his pretensions brought a
ridicule upon them, and nothing was done. In the
recess of the Assembly, he exemplified his machinery
to General Washington and a few other gentlemen,
who gave a certificate of the reality & importance of
the invention, which opened the ears of the Assembly
to a second memorial. The Act gives a monopoly
for ten years, reserving a right to abolish it at any
time by paying ;£ 10,000. The inventor is soliciting
similar Acts from other States, and will not I suppose
publish the secret till he either obtains or despairs of
them.
This act authorises ye surrender of a
An act for *
punishing cer- Citizen to 3, foreign Sovereign within
tain offences .. i i i • • i • * ••
injurioustothe whose acknowledged jurisdiction the citi-
thaisqcommon-f z™ shall commit a crime, of wc.h satisfac-
weaith. tory proof shall be exhibited to Congress,
and for which in the judgment of Congress the law
of nations exacts such surrender. This measure was
suggested by the danger of our being speedily em
broiled with the nations contiguous to the U. States,
1785] JAMES MADISON. in
particularly the Spaniards, by the licentious & pre
datory spirit of some of our Western people. In
several instances gross outrages are said to have been
already practiced. The measure was warmly patron
ized by Mr. Henry and most of the forensic members,
and no less warmly opposed by the Speaker and
some others. The opponents contended that such
surrenders were unknown to the law of nations, and
were interdicted by our declaration of Rights.
Vattel however is express as to the case of Robbers,
murderers and incendiaries. Grotius quotes various
instances in which great offenders have been given
up by their proper Sovereigns to be punished by
the offended Sovereigns. Puffendorf only refers to
Grotius. I have had no opportunity of consulting
other authorities. With regard to the bill of rights,
it was alleged to be no more or rather less violated
by considering crimes committed ag5.1 other laws as
not falling under the notice of our own, and sending
our Citizens to be tried where the cause of trial arose,
than to try them under our own laws without a jury
of the vicinage, and without being confronted with
their accusers or witnesses ; as must be the case, if
they be tried at all for such offences under our own
laws. And to say that such offenders could neither
be given up for punishment, nor be punished within
their own Country, would amount to a licence for
every aggression, and would sacrifice the peace of
the whole community to the impunity of the worst
members of it. The necessity of a qualified interpre
tation of the bill of rights was also inferred from the
ii2 THE WRITINGS OF [1785
law of the Confederacy which requires the surrender
of our Citizens to the laws of other States, in cases
of treason, felony or other high misdemesnors. The
Act provides however for a domestic trial in cases
where a surrender may not be justified or insisted
upon, and in cases of aggressions on the Indians.
This act declares the Ministers & ves-
An act for in
corporating tries who are to be triennially chosen in
the Protestant . 1
Episcopal each parish a body corporate, enables
them to hold property not exceeding the
value of ^800 per annum, and gives sanction to a
Convention which is to be composed of the Clergy
and a lay deputy from each parish, and is to regulate
the affairs of the Church. It was understood by the
House of Delegates that the Convention was to con
sist of two laymen for each clergyman, and an amend
ment was received for that express purpose. It so
happened that the insertion of the amendment did
not produce that effect, and the mistake was never
discovered till the bill had passed and was in print.
Another circumstance still more singular is that the
act is so construed as to deprive the Vestries of the
uncontrouled right of electing Clergymen, unless it
be referred to them by the canons of the Convention,
and that this usurpation actually escaped the eye both
of the friends and adversaries of the measure, both
parties taking the contrary for granted throughout
the whole progress of it. The former as well as the
latter appear now to be dissatisfied with what has
been done, and will probably concur in a revision if
not a repeal of the law. Independently of these
1 7 85 ] JAMES MADISON. 1 1 3
oversights the law is in various points of view excep
tionable. But the necessity of some sort of incorpor
ation for the purpose of holding & managing the
property of the Church could not well be denied, nor
a more harmless modification of it now obtained. A
negative of the bill too would have doubled the
eagerness and the pretexts for a much greater evil,
a general Assessment, which, there is good ground
to believe was parried by this partial gratification of
its warmest votaries. A Resolution for a legal pro
vision for the " teachers of the Christian Religion"
had early in the Session been proposed by Mr.
Henry, and in spite of all the opposition that could
be mustered, carried by 47 agst 32 votes. Many
Petitions from below the blue ridge had prayed for
such a law ; and though several from the presbyterian
laity beyond it were in a contrary stile, the Clergy of
that Sect favored it. The other Sects seemed to be
passive. The Resolution lay some weeks before a
bill was brought in, and the bill some weeks before
it was called for, after the passage of the incorporating
act it was taken up, and on the third reading, ordered
by a small majority to be printed for consideration.
The bill, in its present dress proposes a tax of blank
per O on all taxable property for support of Teachers
of the Christian Religion. Each person when he
pays his tax is to name the society to which he dedi
cates it, and in case of refusal to do so, the tax is to
be applied to the maintenance of a school in the
County. As the bill stood for some time, the applica
tion in such cases was to be made by the Legislature
VOL. II.— 8.
ii4 THE WRITINGS OF [1785
to pious uses. In a committee of the whole it
was determined by a majority of 7 or 8 that the word
" Xi1 " should be exchanged for the word " Religious."
On the report to the House the Apathetic zeal of the
late Governor Harrison gained a like majority for
reinstating discrimination. Should the bill pass into
a law in its present form it may & will be easily
eluded. It is chiefly obnoxious on account of its dis
honorable principle and dangerous tendency.
The subject of the British debts underwent a re
consideration on the motion of Mr. Jones. Though
no answer had been rec? from Congress to the Reso
lutions passed at the last Session, a material change
had evidently taken place in the mind of the Assem
bly, proceeding in part from a more dispassionate
view of the question, in part from the intervening ex
change of the ratifications of the Treaty. * Mr. Henry
was out of the way. His previous conversation I
have been told, favored the reconsideration; the
Speaker, the other champion at the last Session
against the Treaty, was at least half a prose light.
The proposition rejected interest during the period
of blank and left the periods of payment blank. In
this form it was recd. with little opposition and by a
very great majority. After much discussion & sev
eral nice divisions the first blank was filled up with
the period between the 19 of Ap!, 1775, and the 3
of March 1783, the commencement and cessation
of hostilities ; and the second with seven annual
1 Cypher represented by italics.
1785] JAMES MADISON. 115
payments. Whilst the bill was depending, some pro
ceedings of the Glasgow merchants were submitted
to the H. of D. in which they signified their readiness
to receive their debts in four annual payments, with
immediate security and summary recoveries at the
successive periods and were silent as to the point of in
terest. Shortly after were presented memorials from
the Merchants of this Town & Petersburg represent
ing the advantage which a compliance with the Glas
gow overtures would give the foreign over the
domestic creditors. Very little attention seemed to
be paid by the House to the overtures, tho', as the
Treaty was not to be literally pursued, the shadow
of assent from the other party was worthy of being
attended to. In the Senate the bill met with a di
versity of opinions. By a majority of one voice only
an attempt to put all our domestic debts on the same
footing with British debts was lost. Whether this
was sincere or a side blow at the bill I am unable to
say. An attempt was next made to put on the same
footing all those who left this Country and joined the
other side, or who remained within the British territo
ries for one year at any time since the 19 Ap!, 1 775, or
who refused a tender of paper money before Jan?", 1 779.
These discriminations were almost unanimously dis
agreed to by the H. of D. The Senate insisted.
The former proposed a conference. The Senate
concurred. The Conference produced a proposition
from the H. of D. to which the Senate assented ;
but before the assent was notified an incident happened
which has left the bill in a very singular situation.
n6 THE WRITINGS OF [1785
The delays attending this measure had spun it out to
the day preceding the one prefixed for a final adjourn
ment. Several of the members went over to Man
chester in the evening, with an intention it is to be
presumed of returning the next morning. The sever
ity of the night rendered their passage back the next
morning impossible. Without them there was no
house. The impatience of the members was such as
might be supposed. Some were for stigmatizing the
absentees and adjourning. The rest were some for
one thing, some for another. At length it was
agreed to wait until the next day. The next day pre
sented the same obstructions in the river. A canoe
was sent over for enquiry by the Manchester party,
but they did not chuse to venture themselves. The
impatience increased, warm resolutions were agitated.
They ended however in an agreement to wait one day
more. On the morning of the third day the prospect
remained the same. Patience could hold out no longer
and an adjournment to the last day of March ensued.
The question to be decided is whether a bill which has
passed the House of Delegates, and been assented to
by the Senate; but not sent down to the H. of D.,
nor enrolled, nor examined, nor signed by the two
Speakers and consequently not of record, is or is not
a law ? A bill for the better regulation of the cus
toms is in the same situation.
After the passage of the Bill for British debts
through the H. of D. a bill was introduced for liquid
ating the depreciated payments into the Treasury,
and making the debtors liable for the deficiency. A
1785] JAMES MADISON. 117
foresight of this consequential step had shewn itself in
every stage of the first bill. It was opposed by l Gov
ernor Harrison principally and laid asleep by the
refusal of interested members to vote on the question,
and the want of a quorum without them.
Among the abortive measures may be mentioned
also a proposition to authorise the collection of the
impost by Congress as soon as the concurrence of
twelve States should be obtained. Connecticut had
set the example in this project. The proposition
was made by the Speaker & supported by the late
Governor. It was disagreed to by a very large ma
jority on the following grounds i the appearance of a
schism in the Confederacy which it would present to
foreign eyes. 2. its tendency to combinations of
smaller majorities of the States. 3. the channel it
would open for smuggling ; goods imported into
Rhode Island in such case might not only be spread
by land through the adjacent States, but if slipped
into any neighbouring port might thence be carried
duty-free to any part of the associated States. 4. the
greater improbability of a union of twelve States on
such new ground, than of the conversion of Rhode
Island to the old one. 5 the want of harmony among
the other States which would be betrayed by the mis
carriage of such an experiment, and the fresh triumph
& obstinacy which Rhode Island would derive from it.
The French vice Consul in this State has com
plained to the Assembly that the want of legal power
1 Italics for cypher.
u8 THE WRITINGS OF [1785
over our Sheriffs, Coalers & prisons, both renders
his decrees nugatory, and exposes his person to in
sults from dissatisfied litigants. The Assembly have
taken no step whatever on the subject being at a loss
to know what ought to be done, in compliance either
with general usage or that of France in particular. I
have often wondered that the proposed Convention
between France and the U. S. for regulating the con
sular functions has never been executed. The delay
may prove unfriendly both to their mutual harmony
& their commerce.
Mr. Henry was elected successor to Mr. Harrison
without competition or opposition. The victims to
the article requiring a triennial removal of two Coun
sellors were Merrywether Smith & General Christian.
Young Mr. Roane and Mr. Miles Selden take their
places. Mr. Short's place is filled by Mr. Joseph
Jones.
Nothing has passed during the session concerning
an amendment of the State Constitution. The friends
of the undertaking seem to be multiplying rather
than decreasing. Several Petitions from the West
ern side of the Blue ridge appeared in favor of it ; as
did some from the Western side of the Alleghany
praying for a separate Government. The latter may
be considered all of them as the children of A. Cs
ambition. The Assize Courts and the opening of
our Rivers are the best answers to them.
The Revisal has but just issued from the press. It
consists of near 100 folio pages in a small type. I
shall send you six copies by the first opportunity.
1785] JAMES MADISON, 119
^"500 was voted at the Spring Session to each of the
Acting members of the Committee, but no fund
having been provided for payment, no use could be
made of the warrants. I drew yours however &
carried them up to Orange, where they now lye. A
vote of this Session has provided a fund which
gives them immediate value. As soon as I get home
I shall send the dead warrants to M' Nichs Lewis, who
may exchange them for others, and draw the money
from the Treasury. Mr. Peter Carr is I hear now in
Williamsburg, he did not get there so soon as I ex
pected, but I have not heard the circumstances which
delayed him. On the best enquiries I could make for
a stand for his younger brother I could hear of none
preferable to the Academy in Prince Edward, and
accordingly recommended that in a letter to Mrs.
Carr. I have rec'd no answer, but am told by Mr.
Underwood her neighbour that he is at school with a
very proper man who has lately opened a school very
convenient to Mrs. Carr. If this is the case it will be
improper to remove him.
I have not yet had the pleasure of a line from you
since you left Boston, nor do I know when I shall
next find a subject for another to you. As soon as I
do you may be assured that you shall hear from me
& that I am in the meantime with sincerest friendship
Yrs J. MADISON JR.
Present my respects to Miss Patsy & Mr. Short.
120 THE WRITINGS OF [1785
TO MARQUIS DE LAFAYETTE. MAD. MSS.
ORANGE, March 2oth, 1785.
MY DEAR SIR, — -Your favour of the i5th, continued
on the 1 7th of December came very slowly but finally
safe to hand. The warm expressions of regard which
it contains are extremely flattering to me ; and the
more so as they so entirely correspond with my own
wishes for everything which may enter into your
happiness.
You have not erred in supposing me out of the
number of those who have relaxed their anxiety con
cerning the navigation of the Mississippi. If there
be any who really look on the use of that river, as an
object not to be sought or desired by the United
States I cannot but think they frame their policy on
both very narrow and very delusive foundations. It
is true, if the States which are to be established on
the waters of the Mississippi, were to be viewed in the
same relation to the Atlantic States, as exists between
the heterogeneous and hostile Societies of Europe, it
might not appear strange that a distinction or even an
opposition of interests should be set up. But is it
true that they can be viewed in such a relation ? Will
the settlements which are beginning to take place on
the branches of the Mississippi be so many distinct
societies, or only an expansion of the same society?
so many new bodies or merely the growth of the old
one ? Will they consist of a hostile or a foreign
people, or will they not be bone of our bones and flesh
of our flesh ? Besides the confederal band, within
1785] JAMES MADISON. 121
which they will be comprehended, how much will the
connection be strengthened by the ties of friendship,
of marriage and consanguinity ? ties which it may be
remarked, will be even more numerous between the
ultramontane and the Atlantic States than between
any two of the latter. But viewing this subject
through the medium least favorable to my ideas, it still
presents to the U, States sufficient inducements to in
sist on the navigation of the Mississippi. Upon this
navigation depends essentially the value of that vast
field of territory which is to be sold for the benefit of
the common Treasury ; and upon the value of this
territory when settled will depend the portion of the
public burdens of which the old States will be re
lieved by the new. Add to this the stake which a
considerable proportion of those who remain in the
old States will acquire in the new by adventures in
land either on their own immediate account or that of
their descendants.
Nature has given the use of the Mississippi to those
who may settle on its waters, as she gave to the United
States their independence. The impolicy of Spain
may retard the former as that of G. Britain did the
latter. But as G. B. could not defeat the latter,
neither will Spain the former. Nature seems on all
sides to be reasserting those rights which have so long
been trampled on by tyranny & bigotry. Philosophy
& Commerce are the auxiliaries to whom she is in
debted for her triumphs. Will it be presumptuous to
say that those nations will shew most wisdom as well
as acquire most glory, who instead of forcing her
122 THE WRITINGS OF [1785
current into artificial channels, endeavour to ascertain
its tendency and to anticipate its effects. If the United
States were to become parties to the occlusion of the
Mississippi they would be guilty of treason against
the very laws under which they obtained & hold their
national existence.
The repugnance of Spain to an amicable regu
lation of the Use of the Mississippi, is the natural
offspring of a System, which everybody but herself
has long seen to be as destructive to her interest as
it is dishonorable to her character. An extensive
desart seems to have greater charms in her eye than
a flourishing but limited empire, nay than an exten
sive flourishing empire. Humanity cannot suppress
the wish that some of those gifts which she abuses
were placed by just means in hands that would turn
them to a wiser account. What a metamorphosis wd
the liberal policy of France work in a little time on
the Island of N. Orleans? It would to her be a fund
of as much real wealth as Potosi has been of im
aginary wealth to Spain. It would become the Grand
Cairo of the new World.
The folly of Spain is not less displayed in the
means she employs than in the ends she prefers. She
is afraid of the growth and neighbourhood of the U.
States, because it may endanger the tranquility of her
American possessions ; and to obviate this danger
she proposes to shut up the Mississippi. If her pru
dence bore any proportion to her jealousy she would
see, that if the experiment were to succeed, it would
only double the power of the U. States to disturb her,
1785] JAMES MADISON. 123
at the same time that it provoked a disposition to ex
ert it ; she would see that the only offensive weapon
which can render the U. States truly formidable to
her is a navy, and that if she could keep their in
habitants from crossing the Appalachian ridge, she
would only drive to the Sea most of those swarms
which would otherwise direct their course to the
Western Wilderness. She should reflect too that as
it was impossible for her to destroy the power which
she dreads, she ought only to consult the means of
preventing a future exertion of it. What are those
means ? Two & two only. The first is a speedy
concurrence in such a treaty with the U. S. as will
produce a harmony, & remove all pretexts for inter
rupting it. The second, which would in fact result
from the first, consists in favouring the extension of
their settlements. As these become extended the
members of the Confederacy must be multiplied, and
along with them the Wills which are to direct the
machine. And as the wills multiply, so will the
chances against a dangerous union of them. We ex
perience every day the difficulty of drawing thirteen
States into the same plans. Let the number be
doubled & so will the difficulty. In the multitude of
our Counsellors, Spain may be told, lies her safety.
If the temper of Spain be unfriendly to the views
of the U. States, they may certainly calculate on the
favorable sentiments of the other powers of Europe,
at least of all such of them as favored our Indepen
dence. The chief advantages expected in Europe
from that event center in the revolution it was to
i24 THE WRITINGS OF [1785
produce in the commerce between the new & the old
World. The commerce of the U. S. is advantageous
to Europe in two respects, first by the unmanufactured
produce which they export ; secondly by the manu
factured imports which they consume. Shut up the
Mississippi and discourage the settlements on its
waters, and what will be the consequence ? First, a
greater quantity of subsistence must be raised within
the ancient settlements, the culture of tobacco indigo
& other articles for exportation, be proportionably
diminished, and their price proportionably raised on
the European consumer. Secondly the hands with
out land at home being discouraged from seeking it
where alone it could be found, must be turned in a
great degree to manufacturing, our imports proportion-
ably diminished, and a proportional loss fall on the
European Manufacturer. Establish the freedom of
the Mississippi, and let our emigrations have free
course, and how favorably for Europe will the conse
quence be reversed. First the culture of every article
for exportation will be extended, and the price re
duced in favor of her consumers. Secondly, Our
people will increase without an increase of our Manu
facturers, and in the same proportion will be increased
the employment & profit of hers.
These consequences would affect France in com
mon with the other commercial nations of Europe ;
but there are additional motives which promise the
U. States her friendly wishes and offices. Not to
dwell on the philanthropy which reigns in the heart
of her Monarch and which has already adorned his
1785] JAMES MADISON. 125
head with a crown of laurels, he cannot be inattentive
to the situation into which a controversy between his
antient and new Allies would throw him, nor to the
use which would be made of it by his watchful ad
versary. Will not all his councils then be employed
to prevent this Controversy ? will it not be seen that
as the pretensions of the parties directly interfere, it
can be prevented only by a dissuasive interposition on
one side or the other, that on the side of the U. S.
such an interposition must, from the nature of things
be unavailing ; or if their pretensions for a moment
be lulled they w? but awake with fresh energy, and
consequently that the mediating influence of France
ought to be turned wholly on the side of Spain. The
influence of the French Court over that of Spain
is known to be great. In America it is supposed to
be greater than perhaps it really is. The same may
be said of the intimacy of the union between the two
nations. If this influence should not be exerted, this
intimacy may appear to be the cause. The United
States consider Spain as the only favorite of' their
Ally of whom they have ground to be jealous, and
whilst France continues to hold the first place in their
affections they must at least be mortified at any ap
pearance that the predilection may not be reciprocal.
The Mississippi has drawn me into such length that
I fear you will have little patience left for anything
else. I will spare it as much as possible. I hear
nothing from Congress except that Mr. Jay has ac
cepted his app* and that no success!" has yet been
chosen to Df Franklyn. Our Legislature made a
126 THE WRITINGS OF [1785
decent provision for remittances due for 1785 from
Virginia to the Treas? of the U. S. and very extensive
provision for opening our inland navigation.
Whether they passed an act for paying British debts
or not they do not know themselves. Before the bill
for that purpose had got through the last usual forms,
the want of members broke up the House. It remains
therefore in a situation which has no precedent, &
without a precedent lawyers & legislators are as much
at a loss as a mariner without his compass.
The subjects in which you interested yourself were
all referred to the Executive with power to do what
I hope they will do better than the Assembly. I
understood before I left Richm? that you w? receive
officially from the Govf a copy of the Resolutions
which I sent you. I recd a letter a few days ago from
Mr. Mercer, written in the bosom of wedlock at Mr.
Sprigg's ; another at the same time from Monroe,
who was well at New York. I have nothing to say
of myself but that I have exchanged Richmond for
Orange, as you will have seen by the above date ;
that I enjoy a satisfactory share of health ; that I
spend the chief of my time in reading, & the chief of
my reading, on Law ; that I shall hear with the
greatest pleasure of your being far better employed ;
& that I am, with most affed
Yf Obed^ friend & Serv^
1 This passage briefly recounts the acts passed by the Legislature.
1785] JAMES MADISON. 127
TO JAMES MONROE. MAD. MSS.
ORANGE March 21, 1785.
DEAR SIR, — Your favor of the is.£ of Feb3^ did not
come to hand till a day or two ago, having travelled
on to Richmond, remained there during the absence
of Mr. Jones & on his return, been sent to me by way
of Fred*. Before I left Richmond I wrote you
that the Assembly had adjourned and requested
that your subsequent letters might be addressed
to Orange, and if I do not forget to care of Mr
Maury at Frederickbg. This letter ought to have
reached you before the date of yours. I hope it has
since got to hand. I also forwarded from Richmond
to your care a letter for Mr Jefferson which I hope
has not miscarried. It contained a rehersal of * our
last legislative politics & proceedings, which I find by
his letters to me are a material object of his curiosity.
I shall be glad to know by your next whether you
have ever rec? it, that in case of miscarriage I may
endeavor to supply the loss.
I do not wonder at the paragraph which you have
copied from Mr. Jay's letter to Congress. His feel
ings are such as every one must possess who is worthy
of the station which he holds. If the Office of foreign
Affairs be a proper one & properly filled, a reference
of all foreign despatches to it in the first instance, is
so obvious a course, that any other disposition of
them by Congress seems to condemn their own es
tablishment, to affront the Minister in office, and to
put on him a label of caution ag5.' that respect & con
fidence of the Ministers of foreign powers, which are
128 THE WRITINGS OF [1785
essential to his usefulness. I have always conceived
the several ministerial departments of Congress, to
be provisions for aiding their Counsels as well as ex
ecuting their resolutions, & that consequently whilst
they retain the right of rejecting the advice which
may come from either of them, they ought not to re
nounce the opportunity of make-g use of it. The for
eign department is I am sensible, in several respects
the most difficult to be regulated, but I cannot think
the question arising on Mr. Jay's letter is to be num
bered among the difficulties. The practice of Con
gress during the administration of his predecessor was
never fixed, & frequently improper, and I always
suspected that his indifference to the place resulted
in part at least from the mortifications to which this
unsteadiness subjected him.
You will not be disappointed at the barrenness
which is hence to mark the correspondence on my
part. In the recess of the Legislature, few occurrences
happen which can be interesting, and in my retired
situation, few even of these fall within my knowledge.
The situation of Mr. Jones will probably make his
correspondence a more productive one. He has prob
ably already mentioned to you the advances which
Kentucky was said to be making towards an inde
pendent Gov-. It is certain that a Convention has
been held, which might have been set on foot with an
eye to such an event ; but I learn from an intelligent
person lately from that district, that its deliberations
turned altogether on the pressure of certain acts of
the General Assembly, & terminated in a vote of
1785] JAMES MADISON. 129
application for redress. He supposes however that the
late extension of the tax on patents will give a suc
cessful handle to those who wish to accelerate a sepa
ration. This tax as it stood before was in the first
class of their grievances.
You will I expect receive this from the hands of
Mr. Burnley, a young gentleman of my neighborhood,
who has passed with reputation through Mr. Wythe's
School & has since taken out his forensic diploma.
Your civilities to him will be well placed & will con
fer an obligation on me. If Col. Grayson has re
covered from the gout which I hear arrested him in
the moment of his intended departure, and is with
you, be so kind as to make my best respects to him.
I am Dear Sir with sincere regard & esteem
Your obed1 friend & servant,
JAMES MONROE MAD- Mss-
ORANGE April 12 1785.
DEAR SIR, — I wrote you not long since by a young
gentleman who proposed to go as far as N. Y. ac
knowledging the red of your favor of Feby i5.1 I have
since recd that of March which I meant to have ac
knowledged through the same hands. But finding
that ye delays which have hitherto kept back the
bearer above referred to, are of uncertain continuance,
& having no certain conveyance to Fred? I embrace
an opportunity of sending this to Richmond, whence
it will be forwarded by Mr. Jones in the mail.
The appointment of Mr. A. to the Court of G. B.
VOL. II. — 9.
i3o THE WRITINGS OF [1785
is a circumstance which does not contradict my expec
tations ; nor can I say that it displeases me. Upon
Geographical considerations N. E. will always have
one of the principal appointmts, and I know of no
individual from that quarter, who possesses more of
their confidence, or would possess more of that
of the other States ; nor do I think him so well fitted
for any Court of equal rank, as that of London, I
hope it has removed all obstacles to the establishment
of Mr. Jefferson at the Court of France. Will not
Congress soon take up the subject of Consular ar
rangements ? I should suppose them at least of equal
moment at present with some of ye higher appointmts
which are likely to occupy them. Our friend Mr.
Maury is waiting with a very inconvenient suspension
of his other plans, the event of the offer he has made
of his services.1 I find he considers Ireland as the
Station next to be desired after that of England. He
conceives & I believe very justly that the commercial
intercourse between that Country & this will be very
considerable, and merits our particular cultivation. I
suppose from your silence on the subject, that the
Western posts are still in the hands of G. B. Has the
subject of the vacant lands to be disposed of, been
revived ? what other measures are on foot or in con
templation for paying off the public debts ? What
paymts have been made of late into the public Treas
ury ? It is said here that Massts is taking measures
for urging R. I into the Impost, or rendering the
Barnes Maury. He was appointed Consul at Liverpool, where he acted as
Madison's agent in selling his tobacco for many years.
1785] JAMES MADISON. 131
Scheme practicable without her concurrence. Is it so ?
How many of the States have agreed to change the
8l.h Art of ye Confederation ? The Legislature of
this State passed a law for complying with the pro
visional act of Cong5 for executing that article as it
now stands, the operation of which confirms the ne
cessity of changing the article. The law requires as
the Act of Cong5 does among other things a list of the
Houses. If ye list does not discriminate the several
kinds of Houses, how can Cong5 collect from it ye
value of the improvements, how do justice to all
their constituents ? And how can a discrimination be
made in this country, where the variety is so infinite
& so unsusceptible of description? If Cong5 govern
themselves by number alone, this Country will cer
tainly appeal to a more accurate mode of carrying the
present rule of the confederation into practice. The
average value of the improvements in Virga is not •£•
perhaps not y1^- of that of ye improvements in Pena or
N. Engd. Compare this difference with ye proportion
between the value of Improvemts & that of the Soil, &
what an immense loss shall we be taxed with ? The
number of buildings will not be a less unjust rule
than the number of acres, for estimating the respec
tive abilities of the States.
The only proceeding of the late Session of Assem
bly which makes a noise thro' the Country is that
which relates to a Gen1 Assessm1. The Episcopal
people are generally for it, tho' I think the zeal of
some of them has cooled. The laity of the other sects
are equally unanimous on the other side. So are all
132 THE WRITINGS OF [1785
the Clergy except the Presbyterian who seem as ready
to set up an establishm' which is to take them in as
they were to pull down that which shut them out. I
do not know a more shameful contrast than might be
found between their memorials on the latter & former
occasion.
In one of your letters recd before I left Richmond
you expressed a wish for a better Cypher. Since my
return to Orange I have been able to get one made
out which will answer every purpose. I will either
enclose it herewith or send it by the Gentleman who
is already charged with a letter for you. I wish much
to throw our correspondence into a more regular
course. I would write regularly every week if I had
a regular conveyance to Freds. As it is I will write
as often as I can find conveyances. The business of
this neighborhood which used to go to Fredericks-
burg is in a great measure turned towards Richmd,
which is too circuitous a channel. Opportunities in
every direction however will be henceforward multi
plied by the advance of the Season. If you are not
afraid of too much loading the mail I could wish you
to enclose in your letters the last N. Y. or Phila paper.
I am Dr Sir Yrs most sincerely.
TO THOMAS JEFFERSON. MAD. MSS.
ORANGE April 27 1785.
DEAR SIR, — I have recd. your two favors of Novr 1 1
& Decr 8. Along with the former I recd. the two
pamphlets on animal magnetism & the last aeronautic
1785] JAMES MADISON. 133
expedition, together with the phosphoretic matches.
These articles were a great treat to my curiosity. As
I had left Richmd before they were brought thither by
Col. le Maire, I had no opportunity of attending my
self to your wishes with regard to him ; but I wrote
immediately to Mr. Jones & desired him to watch
over the necessities of le Maire. He wrote me for
answer that the Executive tho' without regular proof
of his claims were so well satisfied from circum
stances of the justice of them, that they had voted
him ^150 for his relief till the Assembly could take
the whole into consideration. This information has
made me easy on the subject though I have not with
drawn from the hands of Mr. Jones the provisional
resource. I thank you much for your attention to
my literary wants. All the purchases you have made
for me, are such as I should have made for myself
with the same opportunities. You will oblige me by
adding to them the Dictionary in 13 vol. 4° by Felice
& others, also de Thou in French. If the utility of
Moreri be not superseded by some better work I
should be glad to have him too. I am afraid if I
were to attempt a catalogue of my wants I should not
only trouble you beyond measure, but exceed the
limits which other considerations ought to prescribe
to me. I cannot however abridge the Commission
you were so kind as to take on yourself in a former
letter, of procuring me from time to time such books
as may be either " old & curious or new & useful."
Under this description will fall those particularized in
my former letters, to wit : treatises on the ancient or
i34 THE WRITINGS OF [1785
modern federal republics — on the law of Nations—
and the history natural & political of the New
World ; to which I will add such of the Greek &
Roman authors where they can be got very cheap, as
are worth having and are not on the common list
of School classics. Other books which particularly
occur are the translation (French) of the Historians
of the Roman Empire during its decline, by •
Pascal's Provincial letters — Don Ulloa in the Origi
nal — Linnaeus best edition Ordinances Marines-
Collection of Tracts in french on the Oeconomics of
different nations, I forget the full title. It is much
referred to by Smith on the wealth of Nations. I am
told a Monsr Amelot has lately published his travels
into China, which if they have any merit must be
very entertaining. Of Buffon I have his original
work of 31 vol. 10 vol. of Supplem1, and 16 vol. on
birds. I shall be glad of the continuation as it may
from time to time be published. I am so pleased
with the new invented lamp that I shall not grudge
two guineas for one of them. I have seen a pocket
compass of somewhat larger diameter than a watch &
which may be carried in the same way. It has a
spring for stopping the vibration of the needle when
not in use. One of these would be very convenient
in case of a ramble into the Western country. In
my walks for exercise or amusements, objects fre
quently present themselves, which it might be matter
of curiosity to inspect, but which it is difficult or im
possible to approach. A portable Glass would conse
quently be a source of many little gratifications. I
1 785] JAMES MADISON. 1 35
have fancied that such an one might be fitted into
a cane without making it too heavy. On the outside
of the tube might be engraved a scale of inches
&c. If such a project could be executed for a few
Guineas, I should be willing to submit to the price ;
if not, the best substitute I suppose, will be a pocket
telescope, composed of several tubes so constructed as
to slide the lesser into the greater. I should feel
great remorse at troubling you with so many re
quests, if your kind & repeated offers did not stifle it
in some measure. Your proposal for my replacing
here advances for me without regard to the exchange
is liable to no objection except that it will probably
be too unequal in my favour. I beg that you will en
able me as much as you can to keep these little mat
ters balanced. The papers from Le Grand were sent
as soon as I got them to Mr. Jones with a request
that he would make the use of them which you wished
me to do.
Your remarks on the tax on transfers of land in a
general view appear to me to be just but there were
two circumstances which gave a peculiarity to the
case in which our law adopted it. One was that the
tax will fall much on those who are evading their
quotas of other taxes by removing to Georgia &
Kentucky ; the other that as such transfers are more
frequent among those who do not remove, in the
Western than the Eastern part of the Country, it will
fall heaviest where direct taxes are least collected.
With regard to the tax in general on law proceedings,
it cannot perhaps be justified if tried by the strict rule
136 THE WRITINGS OF [1785
which proportions the quota of every man to his abil
ity, time however will gradually in some measure
equalize it, & if it be applied to ye support of the
Judiciary establishment, as was the ultimate view of
the periods of the tax, it seems to square very well
with the Theory of taxation.
The people of Kentucky had lately a Convention
which it was expected would be the mother of a sep
aration. I am informed they proceeded no farther
than to concert an Address to the Legislature on
some points in which they think the laws bear un
equally upon them, they will be ripe for that event at
least as soon as their interest calls for it. There is
no danger of a concert between them & the Counties
West of the Alleghany which we mean to retain. If
the latter embark in a scheme for independence it will
be on their own bottom. They are more disunited in
every respect from Kentucky than from Virginia.
I have not learnt with certainty whether Gen1
Washington will accept or decline the shares voted
him by the Assembly in the Companies for opening
our rivers. If he does not chuse to take to himself
any benefit from the donation, he has I think a fine
opportunity at once of testifying his disinterested
purposes, of shewing his respect for the Assembly,
and of rendering a service to his Country. He may
accept the gift so far as to apply it to the scheme
of opening the rivers & may then appropriate the
revenue which it is hereafter to produce to some
patriotic establishment. I lately dropped a hint of
this sort to one of his friends & was told that such
1785] JAMES MADISON. 137
an idea had been suggested to him. The private
subscriptions for Potowmac I hear amount to ;£io,-
ooo Sterling. I cannot discover that those for James
River deserve mention, or that the undertaking is
pushed with any spirit. If those who are most inter
ested in it let slip the present opportunity, their folly
will probably be severely punished for the want of
such another. It is said the undertaking on the Sus-
quehannah by Maryland goes on with great spirit &
expectations. I have heard nothing of Rumsey or
his boats since he went into the Northern States. If
his machinary for stemming ye current operates on
the water alone, as is given out, may it not supply
the great desiratum for perfecting the Balloons ?
I understand that Chase & Jenifer on the part of
Maryland, Mason & Henderson on the part of Vir
ginia have had a meeting on the proposition of Virga
for settling the navigation & jurisdiction of Potowmac
below the falls, & have agreed to report to the two
Assemblies, the establishment of a concurrent jurisdic
tion on that river & Chesapeak. The most amicable
spirit is said to have governed the negociation.
The Bill for a Gen1 Assess1 has produced some
fermentation below the Mountains & a violent one
beyond them. The contest at the next Session on
this question will be a warm & precarious one. The
Port bill will also undergo a fiery trial. I wish the As
size Courts may not partake of the danger. The
elections as far as they have come to my knowledge
are likely to produce a great proportion of new Mem
bers. In Albemarle young Mr. Fry has turned out
138 THE WRITINGS OF [1785
Mr. Carter. The late Governor Harrison I hear
has been baffled in his own County, but meant to be
a Candidate in Surry & in case of a rebuff there to
throw another die for the borough of Norfolk. I do
not know how he construes the doctrine of residence.
llt is surmised that the machinations of tyler who fears
a rivalship for the chair are at the bottom of his diffi
culties. ArtJir. Lee is elected in prince William he is
said to have paved the way by promises to overset the
port bill which is obnoxioiis to dumfries and to prevent
the removal of the Assize Court from this town to
Alexandria.
I reed, a letter from the marquis fayette, dated on
the eve of his embarcation which has the following
paragraph I have much conferred with the General
upon the Potowmac system many people think the
navigation of the Mississippi is not an advantage but
it may be the excess of a very good thing, viz the open
ing of your rivers. I fancy it has not changed your
opinion but beg you will write me on the subject in
the meanwhile I hope Congress will act coolly and pru
dently by Spain who is such a fool that allowances
must be made. It is unlucky that he should have left
America with such an idea as to the Missipi. It may
be of the worst conseqiice as it is not wholly imaginary
the prospect of extending the commerce of the atlantic
states to the western waters having given birth to it.
I can not believe that many minds arc tainted with so
illiberal and short-sighted a policy. I have thought
it not amiss to write the marquis according to the
1 Italics for cypher.
1785] JAMES MADISON. 139
req^{,est of his letter and have stated to him the motives
and obligations which must render the U. S. inflexi
ble on the subject of the Missipi, the folly of Spain in
contesting it and our expectations from the known
influence of France over Spain and her friendly dis
positions toward U. S. It is \s^\. justice to the marquis
to observe that in all our conversations on the Missipi
he expressed with every mark of sincerity a zeal for
our claims and a pointed dfolike to the national char
acter and policy of Spain and that if his zeal should be
foiind to abate I should construe it to be the effect of
a supposed revolution in the sentiments of America.
This would have been of somewhat earlier date but
I postponed it that I might be able to include some
information relative to your Nephews. My last in
formed you that your eldest was then with Mr. Maury.
I was so assured by Mr. Underwood from his neigh
borhood, who I supposed could not be mistaken. I
afterwards discovered that he was so, but could get
no precise information till within a few days. One
of my brothers being called into that part of Country
by business, I wrote to Mrs. Carr and got him to wait
on her. The answer with which I have been favored
imports that " her eldest son was taken last fall with
a fever which with repeated relapses kept him ex
tremely weak & low till about the first of Jany from
which time he was detained at home by delays in
equipping him for Williamsbg till the ist of April,
when he set out with promises to make up his lost
time — that her youngest son had also been detained at
home by ill health till very lately, but that he would
1 40 THE WRITINGS OF [1785
certainly go on to the academy as soon as a vacation
on hand was over, that his time had not been entirely
lost as his brother was capable of instructing him
whenever his health would admit." Mr. Maury's
School is said to be very flourishing. Mr. Wythe &
the other gentlemen of the University have examined
it from time to time & published their approbation of
of its management. I cannot speak with the same
authority as to the Academy in Prince Edward. The
information which I have recd has been favorable to
it. In the recommendation of these Seminaries I was
much governed by the probable permanency of them ;
nothing being more ruinous to education than the
frequent interruptions & change of masters & methods
incident to the private schools of this Country.
Our winter has been full of vicissitudes, but on the
whole far from being a severe one, the spring has
been uncommonly cold & wet, and vegetation, of
course, very backward ; till within a few days during
which it has been accelerated by very uncommon heat.
A pocket Thermometer which stands on the second
floor & the N. W. side of the House was on the 24
inst. at 4 O'Clock, at 77°, on the 25, at 78, on the 26,
at 8i£; to-day, 27, at 82, the Weather during this
period has been fair & the wind S, the atmosphere
thick N. W. Our Wheat in the ground is very un
promising throughout the Country, the price of that
article on tide-water is about 6s. Corn sells in this
part of the country at los. & under, below at 15^. and
where the insect prevailed as high as 2os. It is said
to have been raised by a demand for exportation.
1785] JAMES MADISON. 141
Tob° is selling on Rappahannock at 32^. & Richmd at
37^ 6. It is generally expected that it will at least
get up to 4Ctf. Some of our peaches are killed &
most of our Cherries. Our Apples are as yet safe.
I can not say how it is with the fruit in other parts of
the Country. The mischief to the Cherries &c was done
on the night of the 20 when we had a severe black frost.
I can not take my leave of you without making my
acknowledgemts for the very friendly invitation con
tained in your last. If I should ever visit Europe I
should wish to do it less stinted in time than your
plan proposes. This crisis too would be particularly
inconvenient as it would break in upon a course of
reading which if I neglect now I shall probably never
resume. I have some reason also to suspect that
crossing the Sea would be unfriendly to a singular
disease of my constitution. The other part of your
invitation has the strongest bias of my mind on its
side, but my situation is as yet too dependent on cir
cumstances to permit my embracing it absolutely. It
gives me great satisfaction to find that you are look
ing forward to the moment which is to restore you
to your native Country, though considerations of a
public nature check my wishes that such an event
may be expedited. Present my best respects to Mr.
Short & Miss Patsy, & accept of the affectionate
regards of Dear Sir your sincere friend.
What has become of the subterraneous City dis
covered in Siberia ?
Deaths. Thompson Mason Bartholomew Dand-
ridge Ryland Randolph Joseph Reed of PhiladeK
i42 THE WRITINGS OF [1785
TO JAMES MONROE. MAD- MSS-
ORANGE Ap1 28, 1785.
DEAR SIR, — I have written several letters within a
little time past which were sent to you partly by the
post partly by Mr. Burnley, a young Gentleman of
this County. In one of the letters I inclosed a
cypher, wch will serve all the purposes of our future
correspondence. This covers a letter from Mr. Jef
ferson which you will be so good as to forw? by the
first packet or other equally eligible conveyance.
Our Elections as far as I hear are likely to produce a
great proportion of new members. In some coun
ties they are influenced by the Bill for a Gen1 Assess1.
In Culpeper Mr. Pendleton a worthy man & accept
able in his general character to the people was laid
aside in consequence of his vote for the Bill, in favor
of an Adversary to it. The Delegates for Albemarle
are your friend Mr. W. C. Nicholas & Mr. Fry. Mr.
Carter stood a poll but fell into the rear. The late
Govr Harrison I am told has been baffled in his own
County, meant to be a candidate for Surey & in case
of a rebuff there to throw another die for the Borough
of Norfolk. I do not know how he proposes to
satisfy the doctrine of residence.
I hear frequent complaints of the disorders of our
coin & the want of uniformity in the denominations
of the States. Do not Congress think of a remedy
for these evils ? The regulation of weights & meas
ure seem also to call for their attention. Every day
will add to the difficulty of executing these works.
If a mint be not established & a recoinage effected
1785] JAMES MADISON. 143
while the federal debts carry the money thro' the
hands of Congress I question much whether their
limited powers will ever be able to render this branch
of their prerogative effectual. With regard to the
regulation of weights & measures, wd it not be highly
expedient as well as honorable to the fcederal admin
istration, to pursue the hint which has been suggested
by ingenious & philosophical men, to wit, that the
standard of measure sd be first fixed by the length of
a pendulum vibrating seconds at the Equator or any
given latitude — & that the standard of weights sd be a
Cubical piece of Gold or other homogeneous body,
of dimensions fixed by the standard of measure. Such
a scheme appears to be easily reducible to practice ;
& as it is founded on the division of time which is the
same at all times & in all places & proceeds on other
data which are equally so, it would not only secure a
perpetual uniformity throughout the U. S. but might
lead to Universal standards in these matters among
nations. Next to the inconveniency of speaking dif
ferent languages, is that of using different & arbitrary
weights & measures.
I am Dr Sir Yr affece friend.
TO JAMES MONROE. MAD- MSS-
ORANGE May 29 1785.
DEAR SIR, — Your favor of May — came to hand a
few days ago. It is fortunate that the variant ideas
have been so easily accomodated touching the mode
of surveying & selling the territorial fund. It will be
144
THE WRITINGS OF [1785
equally so I think if you can dispossess the British of
the Western posts before the land office is opened.
On this event and the navigation of the Mississippi
will much depend the fiscal importance of the back
Country to the U. States. The amount of the pro
posed requisition will I fear startle those to whom it
will be addressed. The use of certificates as a me
dium for discharging the interest of the home debt is
a great evil, though I suppose a necessary one. The
advantage it gives to Sharpers & Collectors, can
scarcely be described, and what is more noxious, it
provokes violations of public faith, more than the
weight of the Burden itself. The 1,000,000 Drs to be
paid in specie, and the greatest part of it to be sent
abroad, will equally try the virtue of the States. If
they do not flinch however they will have the satis
faction of coming out of the trial with more honour
though with less money.
I have lately heard that the Kentucky Delegates
will be instructed to propose to the next Session the
separation of that Country from this, and its being
handed over to Congress for admission into the Con
federacy. If they pursue their object through this
channel, they will not only accomplish it without
difficulty, but set a useful example to other Western
settlemts which may chuse to be lopped off from other
States. My information as to this matter is not au
thentic, but such as I am inclined to believe true. I
hear also that a State is actually set up in the back
Country of N. C. that it is organized, named, and
has deputed representatives to Congress.
1785] JAMES MADISON. 145
It gives me much pleasure to observe by 2 printed
reports sent me by Col. Grayson that, in the latter
Cong5 had expunged a clause contained in the first for
setting apart a district of land in each Township for
supporting the Religion of the majority of inhabi
tants. How a regulation so unjust in itself, so foreign
to the Authority of Cong5, so hurtful to the sale of
the public land, and smelling so strongly of an anti
quated Bigotry, could have received the countenance
of a Comtee is truly matter of astonishment. In one
view it might have been no disadvantage to this State
in case the Gen1 Assess1 should take place, as it would
have given a repellent quality to the new Country in
the estimation of those whom our own encroachments
on Religious Liberty would be calculated to banish to it.
But the adversaries to the assess* begin to think the
prospect here flattering to their wishes. The printed
Bill has excited great discussion and is likely to prove
the sense of the Comunity to be in favor of the
liberty now enjoyed. I have heard of several Coun
ties where the late representatives have been laid aside
for voting for the Bill, and not of a single one where
the reverse has happened. The Presbyterian Clergy
too who were in general friends to the scheme, are
already in another tone, either compelled by the laity
of that sect, or alarmed at the probability of further
interferences of the Legislature, if they once begin
to dictate in matters of Religion.
I am, Dr Sir, Yrs affecly.
The letter herewith inclosed is from Mrs. Can-
sister of Mr. Jefferson.
VOL. II. — 10.
i46 THE WRITINGS OF [1785
TO JAMES MONROE. MAD. MSS.
ORANGE 21 June 1785.
DEAR SIR, — Finding from a letter of Mr. Mazzei
that you have never been furnished with a copy of
the Bill for establishing the Christian Religion in this
State, I now inclose one, regretting that I had taken
it for granted that you must have been supplied thro'
some other channel. A very warm opposition will be
made to this innovation by the people of the middle
and back Counties, particularly the latter. They do
not scruple to declare it an alarming usurpation on
their fundamental rights and that tho' the Gen1 As
sembly should give it the form, they will not give it
the validity of a law. If there be any limitation to
the power of the Legislature, particularly if this limi
tation is to be sought in our Declaration of Rights or
Form of Government, I own the Bill appears to me to
warrant this language of the people.
A gentleman of credit lately from Kentucky tells
me that he fell in with two persons on the Ohio, who
were going down the River in the character of
Comissrs from Georgia, authorized to demand from
the Spanish Govr of N. Orleans, the posts within the
limits of that State, and a settlement of the boundary
in general between it and the Spanish possessions.
The Gentleman did not see their commission, but
entertains no doubt of their having one. He was in
formed that two others were joined in it who had
taken a different route. Should there be no mistake
in this case, you will no doubt be able to get a full
account of the Embassy. I would willingly suppose
1785] JAMES MADISON. 147
that no State could be guilty either of so flagrant an
outrage on the federal Constitution, or of so impru
dent a mode of pursuing their claims against a for
eign Nation.
I observe in a late Newspaper that the comercial
discontents of Boston are spreading to New York
and Philada. Whether they will reach Virginia or
not I am unable to say. If they should, they must
proceed from a different interest ; from that of the
planters, not that of the Merchants. The present
system here is as favorable to the latter as it is ruin
ous to the former. Our trade was never more com-
pleatly monopolized by G. B., when it was under the
direction of the British Parliament than it is at this
moment. But as our Merchants are almost all con
nected with that country & that only, and as we
have neither ships nor seamen of our own, nor likely
to have any in the present course of things, no mer
cantile complaints are heard. The planters are dis
satisfied, and with reason, but they enter little into
the science of commerce, and rarely of themselves
combine in defence of their interests. If any thing
could rouse them to a proper view of their situation
one might expect it from the contrast of the market
here with that of other States. Our staple has of late
been as low as a guinea per d on Rappahannock, and
not above 32 or 33^. on James River. The current
prices in Philada during the same period have been
44^. of this currency for tobacco of the latter inspec
tions and in like proportion for that of the former.
The prices of imports of every kind in those two
148 THE WRITINGS OF [1785
Markets furnish a contrast equally mortifying to us.
I have not had the same information from other States
northward of us, but I have little doubt that it would
teach us the same lesson. Our planters cannot suffer
a loss of less that 50 per d on the staple of the Coun
try, if to the direct loss in the price of the staple be
added their indirect loss in the price of what they
purchase with their staple. It is difficult notwith
standing to make them sensible of the utility of
establishing a Philada or1 a Baltimore among our
selves, as one indispensable step towards relief, and
the difficulty is not a little increased by the pains taken
by the Merchants to prevent such a reformation, and
by the opposition arising from local views. I have
been told that Arthur Lee 2 paved the way to his
election in Prince William by promising that, among
other things he would overset the Port Bill. Mr. Jef
ferson writes me that the Port Bill has been published
in all the Gazettes in Europe, with the highest ap
probation everywhere except in G. B. It would in
deed be as surprising if she should be in favor of it
as it is that any among ourselves should be against it.
I see no possibility of engaging other nations in a
rivalship with her without some such regulation of
our commerce.
I am Dr Sir Yrs affecly
1 By concentrating our Commerce at Alexandria and Norfolk the object of
the Port-Bill. [Note in MS.]
2 Italics for cypher.
1785] JAMES MADISON. 149
TO R. H. LEE. MAD- MSS-
ORANGE July 7th, 1785.
DEAR SIR, — Your favor of the 30* of May came to
hand yesterday only, having lain some time in Fredg
and finally came to Orange via Albemarle. I agree
perfectly with you in thinking it the interest of this
Country to embrace the first decent opportunity of
parting with Kentucky, and to refuse with firmness
to part with any more of our settlements beyond the
Allegheny.1 It seems necessary however that this
first instance of a voluntary dismemberment of a
State should be conducted in such a manner as to
form a salutary precedent. As it is an event which
will indirectly affect the whole Confederacy, Congress
ought clearly to be made a party to it, either ifne-
diately, or by a proviso that the partition act shall not
take effect, till the actual admission of the new State
into the Union. No interval whatever should be suf
fered between the release of our hold on that Country
and its taking on itself the obligations of a member
of the federal body. Should it be made a separate
State without this precaution, it might possibly be
1 " You may be surprised to hear that a late Convention have unanimously
agreed to petition the assembly to have this District established into a State. I
cannot explain the prevailing Sentiments better, than by telling you We con
ceive the people of this District do not at present enjoy a greater portion of
Liberty than an American Colony might have done a few years ago had she
been allowed a Representation in the British Parliament. . . . Until lately I
have myself thought it would be more eligible to continue as we are a while
longer ; but finding that our Situation is too remote to enjoy the advantages of
Government with Virginia in any tolerable degree, I have fallen in with the
opinion that it is better to part in peace than to remain together in a state of
Jealousy and Discontent." Caleb Wallace to Madison, Lincoln Co., July 12,
1785. Mad. MSS.
150 THE WRITINGS OF [1785
tempted to remain so, as well with regard to the U. S.
as to Virginia, by two considerations : i. the evasion
of its share of the general debt. 2. the allurement
which an exemption from taxes, would prove to the
Citizens of States groaning under them. It is very
possible that such a policy might in the end prove a
disadvantageous one, but the charms of ambition and
of present interest, too often prevail against the cool
remonstrances of true policy. May we not also with
justice require that a reasonable portion of the par
ticular debt of Virga should be assumed by that part
of Virginia which is to set up for itself ?
The arrival of Mr. Gardoqui will turn out I hope
an auspicious step towards conciliating explanations
& overtures with regard to the Mississippi. Besides
the general motives for expediting an adjustment of
this matter the prodigious effect of it on the sale of
the back lands, makes it of peculiar importance. The
same consideration presses for such arrangements
with G. B. as will give us speedy possession of the
Western posts. As to the commercial arrangements
which we wish from her, I own my expectations are
far from being sanguine. In fact what could she get
from us by concessions which she is unwilling to make,
which she does not now enjoy ? I cannot speak with
certainty as to all the States, but sure I am that the
trade of this was never more compleatly monopolized
by her when it was under the direction of her own
laws than it is at this moment. Our present situation
therefore precisely verifies the doctrine held out in
Deanes' intercepted letters. The revolution has
1785] JAMES MADISON. 15i
robbed us of our trade with the West Indies the only
one which yielded us a favorable balance, without
opening any other channels to compensate for it.
What makes the British monopoly the more morti
fying is the abuse which they make of it. Not only
the private planters who have resumed the practice of
shipping their own Tob°, but many of the Merchants
particularly the natives of the Country who have no
connections with G. B. have recd accts of sales this sea
son, which carry the most visible & shameful frauds
in every article. In every point of view indeed the
trade of this Country is in a deplorable Condition. A
comparison of current prices here with those in the
Northern States, either at this time or at any time
since the peace, will shew that the loss direct on our
produce & indirect on our imports is not less than 50
per ct. Till very lately the price of our Staple has been
down at 32 & 33^. on James River & 28^. on Rappa-
hannock. During the same period the former was
selling in Philada, & I suppose in other Northern
ports, at 44^. of this Currency, and the latter in pro
portion ; tho' it cannot be denied that Tob° in the
Northern ports is intrinsically worth less than it is
here, being at the same distance from its ultimate
market, & burdened with the freight from this to the
other States. The price of merchandize here is at
least as much above as that of Tob° is below the
Northern standard.
We have had throughout the month of June &
until this time, very hot and very wet weather. The
effect of it on upland corn has been favorable but
152 THE WRITINGS OF [1785
much the reverse on that of the flats. It has given
full opportunity to the planters to pitch their crops
of Tob°, but tho' many of them have repeated this
operation several times the grasshoppers & other
noxious insects have been so uncommonly trouble
some that in many places the prospect is likely to be
much abridged. Should this not be the case, the
efforts of the Country must produce the greatest
crop that has been seen since the peace. Our Wheat
in this part of the Country is very indifferent. How
it may be in others I cannot say, but believe the
complaints are pretty general. With the highest
esteem & regard I remain Df Sir,
Your obP & very humble serv'
TO EDMUND RANDOLPH. MAD. MSS.
ORANGE July 26, 1785.
MY DEAR FRIEND, --Your favour of the i;th inst :
inclosing a letter from Mr. Jones and a copy of the
ecclesiastical Journal, came safe to hand. If I do not
dislike the contents of the latter, it is because they
furnish as I conceive fresh and forcible arguments
against the Gen1 Assessment. It may be of little
consequence, what tribunal is to judge of Clerical mis-
demesnors or how firmly the incumbent may be fast
ened on the parish, whilst the Vestry & people may
hear & pay him or not as they like. But should a
legal salary be annexed to the title, this phantom of
power would be substantiated into a real monster of
1785] JAMES MADISON. 153
oppression. Indeed it appears to be so at present as
far as the Glebes & donations extend. I had seen
some parcels of these proceedings before I recd your
letter, and had remarked the sprinklings of liberality
to which you allude. My conjectures, I believe, did
not err as to the quarter from which they came.
The urgency of Gen! W. in the late negociation with
Maryland makes it probable I think that he will feel
some chagrin at the inattention to that with Penna,
which has a much nearer connection with his favor
ite object and was moreover suggested by himself.
Shortly after the date of my last, I dropped a few
lines to Col: Mason, reminding him that some report
will be expected from the Commissioners by the As
sembly, as well as of the real importance of the busi
ness. I have not yet recd any answer ; and begin to
suspect that my letter may have miscarried. Your
information leads me to doubt whether he has ever
been furnished with a copy of the Resolution under
which he is to proceed. I will write to him again and
inclose one which Mr, Jones sent me.
I have a letter from the Marquis, but dated as far
back as March. It was accompanied with a Copy of
a French Memorial to the Emperor which seems to
have stifled the War in its birth ; and an Extract
from a late work of Mr. Neckar which has made him
the idol of one party in France and the execration of
the other. To avoid the trouble of transcribing, I
send them as they came to me. You can peruse &
return them by my brother who is the bearer of this,
or by any future opportunity. The M. says he is
154 THE WRITINGS OF [1785
doing all he can to forward our claim to the Missis
sippi ; that the French Ministry understand the mat
ter & are well disposed ; but that they are apprehensive
" Spain knows not how to give up what she once has."
I had heard of the strictures on the incorporating
Act, but without being able to pick up any of the
papers in which they are published. I have desired
my brother to search them out if he can. Perhaps
you can refer him to the proper press & numbers.
At the instance of Col. N-l-s1 of A-b-le, I under
took the draught of the inclosed remonstrance agst- the
Gen1 Ass'. Subscriptions to it are on foot I believe
in sundry Counties, and will be extended to others.
My choice is that my name may not be associated
with it. I am not sure that I know precisely your
ideas on this subject ; but were they more variant
from mine than I take them to be I should not be
restrained from a confidential communication.
I keep up my attention as far as I can command
my time, to the course of reading which I have of late
pursued & shall continue to do so. I am however far
from being determined ever to make a professional
use of it. My wish is if possible to provide a decent
& independent subsistence, without encountering the
difficulties which I foresee in that line. Another of
my wishes is to depend as little as possible on the
labour of slaves. The difficulty of reconciling these
views, has brought into my thoughts several projects
from which advantage seemed attainable. I have in
o
concert with a friend here, one at present on the
1 Nicholas, of Albemarle.
1785] JAMES MADISON. 155
Anvil which we think cannot fail to yield a decent
reward for our trouble. Should we persist in it, it
will cost me a ride to Philada, after which it will go
on without my being ostensibly concerned. I forbear
to particularize till I can do it ore tenus. Should I
take this ride I may possibly continue it into the
Eastern States ; Col Monroe having given me an in
vitation to take a ramble of curiosity this fall, which
I have half a mind to accept, and among otther routes
named this. I recollect that you talked yourself of a
trip last Spring as far as Lancaster. Have you laid
it aside totally ? Or will your domestic endearments
forbid even the trip to Bath, from which I promised
myself the happiness of taking you by the hand in
Orange ? Give my warmest respects to Mrs. R, and
be assured that I remain, with sincere affection your
friend.
Was the Royal assent ever given to the act of 1 769,
entitled " An Act to amend an Act entitled, an Act
declaring the law concerning Extions & for relief of
insolvent Debtors."
TO JAMES MONROE. MAD. MSS.
ORANGE Aug: 7* 1785.
DEAR SIR, — I received the day before yesterday
your favour of the 26th July. I had previously recd
the Report on the proposed change of the 9^ art. of
the Confederation, transmitted by Col: G ray son ; and
in my answer to him offered such ideas on the subject
156 THE WRITINGS OF [1785
as then occurred. I still think the probability of suc
cess or failure ought to weigh much with Congress
in every recommendation to the States ; of which
probability Congress, in whom information from
every State centers can alone properly judge. View
ing in the abstract the question whether the power
of regulating trade, to a certain degree at least,
ought to be vested in Congress, it appears to me
not to admit of a doubt, but that it should be de
cided in the affirmative. If it be necessary to reg
ulate trade at all, it surely is necessary to lodge the
power where trade can be regulated with effect ; and
experience has confirmed what reason foresaw, that
it can never be so regulated by the States acting
in their separate capacities. TJhey can no more ex
ercise this power separately than they could separ
ately carry on war, or separately form treaties of
alliance or commerce. The nature of the thing
therefore proves the former power, no less than the
latter, to be within the reason of the fcederal Con
stitution. Much indeed is it to be wished, as I con
ceive, that no regulations of trade, that is to say,
no restrictions on imposts whatever, were necessary.
A perfect freedom is the System which would be
my choice. But before such a System will be eligi
ble perhaps for the U. S. they must be out of debt ;
before it will be attainable, all other nations must
concur in it. Whilst any one of these imposes on
our Vessels seamen &c. in their ports, clogs from
which they exempt their own, we must either retort
the distinction, or renounce not merely a just profit,
1785] JAMES MADISON. 157
but our only defence against the danger which may
most easily beset us. Are we not at this moment
under this very alternative ? The policy of G. B.
(to say nothing of other nations) has shut against us
the channels without which our trade with her must
be a losing one ; and she has consequently the tri
umph, as we have the chagrin, of seeing accomplished
her prophetic threats, that our independence should
forfeit commercial advantages for which it would not
recompence us with any new channels of trade. What
is to be done? Must we remain passive victims to
foreign politics, or shall we exert the lawful means
which our independence has put into our hands of
extorting redress ? The very question would be an
affront to every Citizen who loves his Country.
What, then, are these means ? Retaliating regula
tions of trade only. How are these to be effectu
ated ? only by harmony in the measures of the States.
How is this harmony to be obtained ? only by an
acquiescence of all the States in the opinion of a
reasonable majority. If Congress as they are now
constituted, can not be trusted with the power of di
gesting and enforcing this opinion, let them be other
wise constituted : let their numbers be encreased, let
them be chosen oftener, and let their period of service
be shortened ; or if any better medium than Congress
can be proposed by which the wills of the States may
be concentered, let it be substituted ; or lastly let no reg
ulation of trade adopted by Congress be in force until
it shall have been ratified by a certain proportion of
the States. But let us not sacrifice the end to the
158 THE WRITINGS OF [1785
means: let us not rush on certain ruin in order to avoid
a possible danger. I conceive it to be of great impor
tance that the defects of the federal system should
be amended, not only because such amendments will
make it better answer the purpose for which it was
instituted, but because I apprehend danger to its
very existence from a continuance of defects which
expose a part if not the whole of the empire to severe
distress. The suffering part, even when the minor
part, can not long respect a Government which is too
feeble to protect their interests : But when the suffer
ing part comes to be the major part, and they despair
of seeing a protecting energy given to the General
Government, from what motives is their allegiance to
be any longer expected. Should G. B. persist in the
machinations which distress us ; and seven or eight of
the States be hindered by the others from obtaining
relief by federal means, I own, I tremble at the anti-
federal expedients into which the former may be
tempted.
As to the objection against entrusting Congress
with a power over trade, drawn from the diversity of
interests in the States, it may be answered, i. that if
this objection had been listened to, no confederation
could have ever taken place among the States, 2.
that if it ought now to be listened to, the power held
by Congress of forming cofriercial treaties, by which
9 States may indirectly dispose of the Commerce of
the residue, ought to be immediately revoked, 3
that the fact is that a case can scarcely be imagined
in which it would be the interest of any 2/3ds of the
1785] JAMES MADISON. 1 5 9
States to oppress the remaining i/3d. 4. that the true
question is whether the commercial interests of the
States do not meet in more points than they differ.
To me it is clear that they do ; and if they do there
are so many more reasons for, than against, submit
ting the commercial interest of each State to the
direction and care of the Majority. Put the West
India trade alone, in which the interest of every State
is involved, into the scale against all the inequalities
which may result from any probable regulation by
nine States, and who will say that the latter ought to
preponderate ? I have heard the different interest
which the Eastern States have as Carriers pointed
out as a ground of caution to the Southern States
who have no bottoms of their own agst their concur
ring hastily in retaliations on G. B. But will the
present system of G. B. ever give the Southern States
bottoms, and if they are not their own Carriers I sd
suppose it no mark either of folly or incivility to give
our custom to our brethren, rather than to those who
have not yet entitled themselves to the name of
friends.
In detailing these sentiments, I have nothing more
in view than to prove the readiness with which I obey
your requests. As far as they are just they must
have been often suggested in the discussions of Con
gress on the subject. I can not even give them weight
by saying that I have reason to believe they would
be relished in the public Councils of this State. From
the trials of which I have been a witness I augur that
great difficulties will be encountered in every attempt
160 THE WRITINGS OF [1785
to prevail on the Legislature to part with power.
The thing itself is not only unpalatable, but the argu
ments which plead for it have not their full force on
minds unaccustomed to consider the interests of the
State as they are interwoven with those of the Con
federacy much less as they may be affected by foreign
politics, whilst those wch plead agst it are not only
specious, but in their nature popular ; and for that
reason sure of finding patrons. Add to all this that
the Mercantile interest which has taken the lead in
rousing the public attention of other States, is in this
so exclusively occupied in British Commerce that
what little weight they have will be most likely to
fall into the opposite scale. The only circumstance
which promises a favorable hearing to the meditated
proposition of Cong5 is that the power which it asks
is to be exerted agst G. B. and the proposition will
consequently be seconded by the animosities which
still prevail in a strong degree agst her.
I am, My dear Sir very sincerely,
Yi" friend & servf
TO THOMAS JEFFERSON. MAD. MSS.
ORANGE Aug. 2O1!1 1785.
DEAR SIR, — Yours of the i8th of March never
reached me till the 4th inst. It came by post from
N. York, which it did not leave till the 21 of July.
My last was dated in April, & went by Mr. Mazzei,
who picked it up at N. York and promised to deliver
it with his own hand.
1785] JAMES MADISON. 161
The machinations of G. B. with regard to Com
merce have produced much distress and noise in the
Northern States, particularly in Boston, from whence
the alarm has spread to New York & Philda. Your
correspondence with Cong5 will no doubt have fur
nished you with full information on this head. I only
know the general fact, and that the sufferers are every
where calling for such augmentation of the power of
Congress as may effect relief. How far the Southern
States & Virginia in particular will join in this propo
sition cannot be foreseen. It is easy to foresee that
the circumstances .which in a confined view distin
guish our situation from that of our brethren, will
be laid hold of by the partizans of G. B, by those
who are or affect to be jealous of Congress, and
those who are interested in the present course of
business, to give a wrong bias to our Councils. If
anything should reconcile Virga to the idea of giv
ing Congress a power over her trade, it will be that
this power is likely to annoy G. B. against whom
the animosities of our Citizens are still strong. They
seem to have less sensibility to their commercial inter
ests; which they very little understand, and which
the mercantile class here have not the same motives
if they had the same capacity to lay open to the pub
lic, as that class have in the States North of us. The
price of our Staple since the peace is another cause of
inattention in the planters to the dark side of our
commercial affairs. Should these or any other causes
prevail in frustrating the scheme of the Eastern &
Middle States of a general retaliation on G. B. I
VOL. II.— II.
162 THE WRITINGS OF [1785
1 tremble for the event. A majority of the States de
prived of a regular remedy for their distresses by the
want of a federal spirit in the minority must feel
the strongest motives to some irregular experiments.
The danger of such a crisis makes me surmise that the
policy of G. B. results as much from the hope of effect
ing a breach in o^t,r Confederacy as of monopolizing our
trade.
Our internal trade is taking an arrangement from
which I hope good consequences. Retail Stores are
spreadg all over the country, many of them carried on
by native adventurers, some of them branched out
from the principal Stores at the heads of navigation.
The distribution of the business, however into the
importing & the retail departments has not yet taken
place. Should the port bill be established it will I
think quickly add this amendment which indeed must
in a little time follow of itself. It is the more to be
wished for as it is the only radical cure for credit to
the consumer which continues to be given to a degree
which if not checked will turn the diffusive retail of
merchandize into a nuisance. When the Shop keeper
buys his goods of the wholesale merchant, he must
buy at so short a credit, that he can venture to give
none at all.
You ask me to unriddle the dissolution of the
Commee of the States at Annapolis. I am not sure
that I am myself possessed fully of the causes different
members of Congress having differed in their ac
counts of the matter. My conception of it is that the
1 Italics for cypher.
1785] JAMES MADISON. 163
abrupt departure of some of the Eastern delegates,
which destroyed the quorum & which Dana is said to
have been at the bottom of proceeded partly from irri
tations among the commee partly from dislike to the
place of their session, and partly from an impatience
to get home, which prevailed over their regard tor their
private characters, as well as for their public duty.
Subsequent to the date of mine in which I gave my
idea of fayette I had further opportunities of penetrat
ing his character. Though his foibles did not disap
pear all the favorable traits presented themselves in a
stronger light on closer inspection. He certainly pos
sesses talents which might figure in any line. If he is
ambitious it is rather of the praise which virtue dedi
cates to merit than of the homage which fear renders to
power his disposition is naturally warm & affectionate,
and his attachment to the U. S. unquestionable. Un
less I am grossly deceived, you willyf^ his zeal sincere
and useful, whenever it can be employ 'ed'm behalf of the
U. S. with \puf\ opposition to the essential interests of
France.
The opposition to the general assessment gains
ground. At the instance of some of its adversaries I
drew up the remonstrance herewith inclosed. It has
been sent thro' the medium of confidential persons in a
number of the tipper Counties, and I am told will be
pretty extensively signed. The presbyterian clergy,
have at length espoused the side of the opposition,
being moved either by a fear of their laity or a jeal
ousy of the episcopalians. The mutual hatred of
these sects has been much inflamed by the late Act
164 THE WRITINGS OF [1785
incorporating the latter. I am far from being sorry
for it, as a coalition between them could alone endanger
our religious rights, and a tendency to such an event
had been suspected. The fate of the Circuit Courts is
uncertain. They are threatened with no small danger
from the diversity of opinions entertained among the
friends of some reform in that department. But the
greatest danger is to be feared from those who mask
a secret aversion to any reform under a zeal for such
a one as they know will be rejected. The Potowmack
Company are going on with very flattering prospects.
Their subscriptions some time ago amounted to up
wards of four-fifths of the whole sum. I have the
pleasure also to find by an advertisement from the
managers for James River that more than half
the sum is subscribed for that undertaking, and that
the subscribers are to meet shortly for the purpose of
organizing themselves & going to work. I despair of
seeing the Revisal taken up at the ensuing Session.
The number of copies struck are so deficient (there
being not above three for each County) and there has
been such delay in distributing them (none of the
Counties having recd them till very lately & some
probably not yet, tho' they were ready long ago,) that
the principal end of their being printed has been
frustrated. Our fields promise very short crops both
of Corn & Tob°. The latter was much injured by the
grass hopper & other insects; the former, somewhat by
the bug in the Southern parts of the State, but both
have suffered most from dry weather which prevails
at present in this part of the Country, and has
1785] JAMES MADISON. 165
generally prevailed I understand in most other parts.
It seems certain that no future weather can make a
great crop of either particularly of Tob°, so great a
proportion of the hills being without plants in them &
so many more with plants in them which must come
to nothing. Notwithstanding this prospect, its price
has fallen from 36^. to 32 & 30^. on James River &
2%s. on Rappahannock. The scarcity of cash is one
cause. ^Harrison late Gov. was elected in Surry,
whither he previoiisly removed with his family a con
test for the chair will no doubt ensue should he fail he
will be for Congress. I have not yet recd any of the
books which you have been so kind as to pick up
for me, but expect their arrival daily, as you were
probably soon after the date of your last apprised that
I was withdrawn from the nomination which led you
to suspend the forwarding them. I am invited by
Col : Monroe to an option of rambles this fall, one of
which is into the Eastern States. I wish much to
accept so favorable an opportunity of executing the
plan from which I was diverted last fall ; but cannot
decide with certainty whether it will be practicable or
not. I have in conjunction with a friend here a pro
ject of interest on the anvil, which will carry me at
least as far as Phila or New York where I shall be
able to take my final resolution.
Adieu. Yrs sincerely.
1 Italics for cypher.
1 66 THE WRITINGS OF [1785
TO CALEB WALLACE.
1 MAD. MSS.
ORANGE, Aug1 23d, 1785.
DR SIR, — Your favour of the i2th of July was safely
delivered to me by Mr. Craig. I accept with pleas
ure your proposed exchange of Western for Eastern
intelligence and though I am a stranger to parental
ties can sufficiently conceive the happiness of which
they are a source to congratulate you on your posses
sion of two fine sons & a Daughter. I do not smile
at the Idea of transplanting myself into your wilder
ness. Such a change of my abode is not indeed prob
able yet I have no Local partialities which can keep
me from any place which promises the greatest real
advantages, but if such a removal was not even possi
ble I should nevertheless be ready to communicate as
you desire my Ideas towards a constitution of Gov
ernment for the State in embryo. I pass over the
general policy of the measure which calls for such a
provision. It has been unanimously embraced by
those who being most interested in it must have best
considered it, & will I dare say be with equal unan
imity acceded to by the other party which is to be
consulted. I will first offer some general remarks on
the Subject, & then answer your several queries.
1 Several of Madison's friends in Kentucky wrote to him asking his assistance
in the framing of a new government. January 6, 1785, George Muter trans
mitted questions which Caleb Wallace wished answered, which were the same
as those answered above. In the MSS. this letter is not addressed, and is
marked as having been sent to "John Brown, Kentucky," but Sept. 24, 1785,
Caleb Wallace replied to it as a letter to him, which doubtless it was. — Mad.
MSS.
1785] JAMES MADISON. 167
i . The Legislative Department ought by all means,
as I think to include a Senate constituted on such
principles as will give wisdom and steadiness jo legis
lation. The want of these qualities is the grievance
complained of in all our republics. The want of
fidelity in the administration of power having been
the grievance felt under most Governments, and by
the American States themselves under the British
Government, it was natural for them to give too ex
clusive an attention to this primary attribute. The
Senate of Maryland with a few amendments is a
good model. Trial has I am told verified the ex
pectations from it. A Similar one made a part of
our constitution as it was originally proposed but the
inexperience & jealousy of our then Councils, re
jected it in favor of our present Senate a worse could
hardly have been substituted & yet, bad as it is, it is
often a useful bit in the mouth of the house of Del
egates. Not a single Session passes without instances
of sudden resolutions by the latter of which they re
pent in time to intercede privately with the Senate
for their Negative. For the other branch models
enough may be found care ought however to be taken
against its becoming too numerous, by fixing the
number which it is never to exceed. The quorum,
wages, and privileges of both branches ought also to
be fixed. A majority seems to be the natural quorum.
The wages of the members may be made payable
for - - years to come in the medium value of wheat
for years preceding as the same shall from period to
period be rated by a respectable Jury appointed for
1 68 THE WRITINGS OF [1785
that purpose by the Supreme Court. The privileges
of the members ought not in my opinion to extend
beyond an exemption of their persons and equipage
from arrests during the time of their actual service.
If it were possible it would be well to define the
extent of the Legislative power but the nature of it
seems in many respects to be indefinite. It is very
practicable however to enumerate the essential ex
ceptions. The Constitution may expressly restrain
them from medling with religion — from abolishing
Juries — from taking away the Habeas corpus — from
forcing a citizen to give evidence against himself -
from controuling the press — from enacting retro
spective laws at least in criminal cases, from abrid
ging the right of suffrage, from taking private prop
erty for public use without paying its full Value from
licensing the importation of Slaves, from infringing
the confederation, &c &c.
As a further security against fluctuating & in
digested laws the Constitution of New York has pro
vided a Council of Revision. I approve much of
such an institution & believe it is considered by the
most intelligent citizens of that State as a valuable
safeguard both to public interests & to private rights.
Another provision has been suggested for preserving
System in Legislative proceedings which to some may
appear still better. It is that a standing committee
composed of a few select & skilful individuals should
be appointed to prepare bills on all subjects which
they may judge proper to be submitted to the Legis
lature at their meetings & to draw bills for them
1785] JAMES MADISON. 169
during their Sessions. As an antidote both to the
jealousy & danger of their acquiring an improper
influence they might be made incapable of holding
any other Office Legislative, Executive, or Judiciary.
I like this Suggestion so much that I have had
thoughts of proposing it to our Assembly, who give
almost as many proofs as they pass laws of their
need of some such Assistance.
2 The Executive Department. Though it claims
the 2d place is not in my estimation entitled to it by its
importance all the great powers which are properly ex
ecutive being transferred to the fcederal Government.
I have made up no final opinion whether the first Magis
trate should be chosen by the Legislature or the peo
ple at large or whether the power should be vested in
one man assisted by a council or in a council of which
the President shall be only primus inter pares. There
are examples of each in the U. States and probably
advantages & disadvantages attending each. It is
material I think that the number of members should
be small & that their Salaries should be either unal
terable by the Legislature or alterable only in such
manner as will not affect any individual in place.
Our Executive is the worst part of a bad Constitu
tion. The Members of it are dependent on the Legis
lature not only for their wages but for their reputation
and therefore are not likely to withstand usurpations
of that branch ; they are besides too numerous and
expensive, their organization vague & perplexed & to
crown the absurdity some of the members may with
out any new appointment continue in Office for life
170 THE WRITINGS OF [1785
contrary to one of the Articles of the Declaration of
Rights.
3d The Judiciary Department merits every care
Its efficacy is Demonstrated in G. Brittain where it
maintains private Right against all the corruptions of
the two other departments & gives a reputation to
the whole Government which it is not in itself entitled
to. The main points to be attended to are i. that
the Judges should hold their places during good be
havior 2. that their Salaries should be either fixed like
the wages of the Representatives or not be alterable
so as to affect the Individuals in office. 3 that their
Salaries be liberal The first point is obvious ; with
out the second the independence aimed at by the first
will be ideal only ; without the 3d the bar will be
superior to the bench which destroys all security for a
Systematick administration of Justice, after securing
these essential points, I should think it unadvisable
to descend so far into detail as to bar any future
Modification of this department which experience
may recommend An enumeration of the Principal
courts with Power to the Legislature to Institute
inferior Courts may suffice. The Admiralty business
can never be extensive in your situation and may be
referred to one of the other Courts. With regard to
a Court of Chancery as distinct from a Court of Law,
the reasons of Lord Bacon on the affirmative side
outweigh in my Judgment those of Lord Kaims on.
the other side. Yet I should think it best to leave
this important question to be decided by future lights
without tying the hands of the Legislature one way
1785] JAMES MADISON. 171
or the other. I consider our county courts as on a
bad footing and would never myself consent to copy
them into another constitution.
All the States seem to have seen the necessity of
providing for Impeachments but none of them to
have hit on an unexceptionable Tribunal. In some
the trial is referred to the Senate in others to the
Executive, in others to the Judiciary department it
has been suggested that a tribunal composed of mem
bers from each Department would be better than
either and I entirely concur in that opinion. I pro
ceed next to your queries.
i. " Whether is a representation according to num-
" bers, or property, or in a joint proportion to both,
" the most Safe ? or is a representation by counties
" preferable to a more equitable mode that will be diffi-
" cult to adjust?" Under this question may be con
sidered i. the right of Suffrage. 2 the mode of
suffrage. 3 the Plan of representation As to the
i. I think the extent which ought to be given to this
right a matter of great delicacy and of critical im
portance. To restrain it to the land holders will in
time exclude too great a proportion of citizens ; to
extend it to all citizens without regard to property, or
even to all who possess a pittance may throw too
much power into hands which will either abuse it
themselves or sell it to the rich who will abuse it. I
have thought it might be a good middle course to
narrow this right in the choice of the least popular,
& to enlarge it in that of the more popular branch
of the Legislature. There is an example of this
i72 THE WRITINGS OF [1785
Distinction in N. Carolina if in none of the other States.
How it operates or is relished by the people I cannot
say. It would not be surprising if in the outset at
least it should offend the sense of equality which
reigns in a free Country. In a general view I see
no reason why the rights of property which chiefly
bears the burden of Government & is so much an
object of Legislation should riot be respected as well
as personal rights in the choice of Rulers. It must
be owned indeed that property will give influence to
the holder though it should give him no legal privi
leges and will in general be safe on that as well as on
other Accounts especially if the business of legislation
be guarded with the provisions hinted at 2 As to
the mode of suffrage I lean strongly to that of the bal
lot, notwithstanding the objections which lie against
it It appears to me to be the only radical cure for
those arts of Electioneering which poison the very
fountain of Liberty The States in which the Ballott
has been the Standing mode are the only instances in
which elections are tolerably chaste and those arts in
disgrace. If it should be thought improper to fix
this mode by the constitution I should think it at
least necessary to avoid any constitutional bar to a
future adoption of it 1 3 By the Plan of representa
tion I mean i. the classing of the Electors 2 the
proportioning of the representatives to each class.
The first cannot be otherwise done than by geograph
ical description as by Counties. The second may
1 The Constitution of N. York directs an experiment on this Subject. [Note
in MS.]
1785] JAMES MADISON. 173
easily be done in the first instance either by compris
ing within each county an equal number of electors ;
or by proportioning the number of representatives of
each county to its number of electors The difficulty
arises from the disproportionate increase of electors
in different Counties. There seem to be two methods
only by which the representation can be equalized
from time to time. The i is to change the bounds
of the counties ; the 2? to change the number of re
presentatives allotted to them respectively, as the
former would not only be most troublesome & ex
pensive but would involve a variety of other adjust
ments the latter method is evidently the best. Ex
amples of a Constitutional provision for it exists in
several of the States. In some it is to be executed
periodically in others, pro re nata. The latter seems
most accurate and very practicable I have already
intimated the propriety of fixing the number of repre
sentatives, which ought never to be exceeded I should
suppose 150 or even 100, might safely be made the
ne plus ultra for Kentucky
2. " Which is to be preferred an Annual, Triennial,
"or Septennial Succession to Offices or frequent elec-
" tions without limitations in choice or that officers
"when chosen should continue quamdiu se bene ges-
" serint?" The rule ought no doubt to J>e different
I
in the different Departments of power. \£x>r one part
of the Legislature Annual Elections will I suppose
be held indispensably though some of the ablest
Statesmen & soundest Republicans in the U. States
are in favor of triennial. The great Danger in
174 THE WRITINGS OF [1785
departing from annual elections in this case lies in the
want of some other natural term to limit the' depar
ture. For the other branch 4 or 5 years may be the
period. For neither branch does it seem necessary
or proper to prohibit an indefinite re-eligibility. With
regard to the Executive if the elections be frequent
& particularly if made as to any member of it by
the people at large a re-eligibility cannot I think be
objected to, if they be unfrequent, a temporary or
perpetual incapacitation according to the degree of
unfrequency at least in the case of the first Magis
trate may not be amiss. As to the Judiciary depart
ment enough has been said & as to the Subordinate
officers civil & Military nothing need be said more
than that a regulation of their appointments may
under a few restrictions be safely trusted to the
Legislature.
3 " How far may the same person with propriety
" be employed in the different departments of Gov-
" ernment in an infant country where the counsel of
" every individual may be needed?" Temporary de
viations from fundamental principles are always more
or less dangerous. When the first pretext fails, those
who become interested in prolonging the evil will
rarely be at a loss for other pretexts. The first
precedent too familiarises the people to the irregular
ity, lessens their veneration for those fundamental
principles, & makes them a more easy prey to am
bition & self Interest. Hence it is that abuses of
every kind when once established have been so often
found to perpetuate themselves. In this caution
1785] JAMES MADISON. 1 7 5
I refer chiefly to an improper mixture of the three
great Departments within the State. A Delegation
to Congress is I conceive compatible with either.
4 " Should there be a periodical review of the
Constitution ? " Nothing appears more elegible in
theory nor has sufficient trial perhaps been yet
made to condemn it in practice. Pennsylvania has
alone adopted the expedient. Her citizens are much
divided on the subject of their Constitution in gen
eral & probably on this part of it in particular. I am
inclined to think though am far from being certain,
that it is not a favorite part even with those who
are fondest of their Constitution. another plan
has been thought of which might perhaps Succeed
better and would at the same time be a safeguard to
the equilibrium of the constituent Departments of
Government. This is that a Majority of any two
of the three departments should have authority to
call a plenipotentiary convention whenever they may
think their constitutional powers have been Violated
by the other Department or that any material part
of the Constitution needs amendment In your situ-
^tion I should think it both imprudent & indecent not
to leave a door open for at least one revision of your
first Establishment, imprudent because you have
neither the same resources for supporting nor the
same lights for framing a good establishment now
as you will have 15 or 20 Years hence, indecent
because an handful of early settlers ought not to pre
clude a populous Country from a choice of the Govern
ment under which they & their posterity are to live.
176 THE WRITINGS OF [1785
Should your first Constitution be made thus temporary
the objections against an intermediate union of offices
will be proportionably lessened. Should a revision
of it not be made thus necessary & certain there
will be little probability of its being ever revised.
Faulty as our Constitution is as well with regard to
the Authority which formed it as to the manner in
which it is formed the Issue of an experiment has
taught us the difficulty of amending it : & although
the issue might have proceeded from the unseason-
ableness of the time yet it may be questioned whether
at any future time the greater depth to which it will
have stricken its roots will not counterbalance any
more auspicious circumstances for overturning it.
5 & 6 "Or will it be better unalterably to fix
" some leading Principles in Government and make
" it consistant for the Legislature to introduce such
" changes in lesser matters as may become expedi-
"ent? can censors be provided that will impartially
" point out deficiencies in the Constitution & the
" Violations that may happen "
Answers on these points may be gathered from
what has been already said.
I have been led to offer my sentiments in this
loose form rather than to attempt a delineation of
such a Plan of government as would please myself
not only by my Ignorance of many local circum
stances & opinions which must be consulted in such
a work but also by the want of sufficient time for it.
At the receipt of your letter I had other employment
and what I now write is in the midst of preparations
1785] JAMES MADISON. 177
for a Journey of business which will carry me as far
as Philadelphia at least & on which I shall set out in
a day or two.
I am sorry that it is not in my power to give you
some satisfactory information concerning the Missis
sippi. A Minister from Spain has been with Con
gress for some time & is authorised as I under
stand to treat on whatever subjects may concern the
two nations. If any explanations or propositions
have passed between him & the Minister of Con
gress, they are as yet in the list of Cabinet Secrets,
as soon as any such shall be made Public & come to
my knowledge, I shall take the first opportunity of
transmitting them. Wishing you & your family all
happiness,
I am, Dr Sir,
Your friend & servant.
The Constitutions of the several States were printed
in a small Volume a year or two ago by order of
Cong5 a perusal of them need not be recommended
to you. Having but a single copy I cannot supply you
It is not improbable that you may be already pos
sessed of one. The revisal of our laws by Jefferson,
Wythe & Pendleton beside their Value in improving
the legal code may suggest something worthy of being
attended to in framing a Constitution.
VOL. II.— 12.
1 78 THE WRITINGS OF [1785
TO THOMAS JEFFERSON. MAD. MSS.
PHILADA Octr 3d, 1785.
DEAR SIR, — In pursuance of the plan intimated in
my last I came to this city about three weeks ago,
from which I continued my trip to New York. I re
turned last night and in a day or two shall start for
Virginia. Col. Monroe had left Philad* a few days
before I reached it, on his way to a treaty to be held
with the Indians about the end of this month on the
Wabash. If a visit to the Eastern States had been
his choice, short as the time would have proved, I
should have made an effort to attend him. As it is
I must postpone that gratification, with a purpose
however of embracing it on the first convenient op
portunity. Your favour of the 1 1 May by Mons^
Doradour inclosing your Cypher arrived in Virg*
after I left it, and was sent after me to this place.
Your notes which accompanied it, remained behind,
and consequently I can only now say on that subject,
that I shall obey your request on my return, which
my call to Richmond will give me an early oppor
tunity of doing. During my stay at New York I had
several conversations with the Virg? Delegates, but
with few others, on the affairs of the confederacy. I
find with much regret that these are as yet little re
deemed from the confusion which has so long mor
tified the friends to our national honor and prosperity.
Congress have kept the Vessel from sinking, but it
has been by standing constantly at the pump, not by
stopping the leaks which have endangered her. All
their efforts for the latter purpose have been frus-
1785] JAMES MADISON. 179
trated by the selfishness or perverseness of some part
or other of their constituents. The desiderata most
strongly urged by our past experience & our present
situation are i. a final discrimination between such
of the unauthorised expences of the States as ought
to be added to the common debt, and such as ought
not. 2. a constitutional apportionment of the com
mon debt, either by a valuation of the land, or a
change of the article wch requires it. 3. a recogni
tion by the States of the authority of Congress to en
force payment of their respective quotas. 4.' a grant
to Congress of an adequate power over trade. It is
evident to me that the first object will never be ef
fected in Congress, because it requires in those who
are to decide it the spirit of impartial judges, whilst
the spirit of those who compose Congress is rather
that of advocates for the respective interests of their
constituents. If this business were referred to a
Commission filled by a member chosen by Congress
out of each State, and sworn to impartiality, I should
have hopes of seeing an end of it. The 2? object af
fords less ground of hope. The execution of the 8th
art of Confederation is generally held impracticable,
and R. Island, if no other State, has put its veto on
the proposed alteration of it. Until the 3? object can
be obtained the Requisitions of Congress will con
tinue to be mere calls for voluntary contributions,
which every State will be tempted to evade, by the
uniform experience that those States have come off
best which have done so most. The present plan
of federal Government reverses the first principle of
i8o THE WRITINGS OF [1785
all Government. It punishes not the evil-doers, but
those that do well. It may be considered I think as
a fortunate circumstance for the U. S. that the use of
coercion, or such provision as would render the use
of it unnecessary, might be made at little expence and
perfect safety. A single frigate under the orders of
Congress could make it the interest of any one of the
Atlantic States to pay its just Quota. With regard
to such of the Ultramontane States as depend on the
trade of the Mississippi, as small a force would have
the same effect ; whilst the residue trading thro' the
Atlantic States might be wrought upon by means
more indirect indeed but perhaps sufficiently effectual.
The fate of the 4th object is still suspended. The
Recomendations of Cong? on this subject past be
fore your departure, have been positively complied
with by few of the States I believe ; but I do not learn
that they have been rejected by any. A proposition
has been agitated in Congress, and will I am told be
revived, asking from the States a general & perma
nent authority to regulate trade, with a proviso that
it shall in no case be exercised without the assent of
eleven States in Congress. The Middle States favor
the measure, the Eastern are zealous for it, the
Southern are divided, ^ythe Virginia delegation the
president* is an inflexible adversary, Gray son un
friendly and Monroe & Hardy warm on the opposite
side. If the proposition should pass Cong? its fate
will depend much on the reception it may find in
1 Italics for cypher. 2 R. H. Lee.
1785] JAMES MADISON. 181
Virgf and this will depend much on the part which
may be taken by a few members of the Legislature.
The prospect of its being levelled agst. G. Britain will
be most likely to give it popularity. In this suspence
of a general provision for our commercial interests,
the more suffering States are seeking relief from par
tial efforts which are less likely to obtain it than to
drive their trade into other channels, and to kindle
heart-burnings on all sides. Massachusetts made the
beginning, Penna has followed with a catalogue of
duties on foreign goods & tonnage, which could
scarcely be enforced against the smuggler, if N. Jersey,
Delaware, & Maryland were to co-operate with her.
The avowed object of these duties is to encourage
domestic manufactures, and prevent the exportation
of coin to pay for foreign. The Legislature had
previously repealed the incorporation of the bank, as
the cause of the latter & a great many other evils.
S. Carolina I am told is deliberating on the distresses
of her commerce and will probably concur in some
general plan ; with a proviso, no doubt against any
restraint from importing slaves, of which they have
received from Africa since the peace about twelve
thousand. She is also deliberating on the emission
of paper money, & it is expected she will legalize a
suspension of Judicial proceedings which has been al
ready effected by popular combinations. The pretext
for these measures is the want of specie occasioned by
the unfavorable balance of trade. Your introduction
of Mr. T. Franklin has been presented to me. The
arrival of his Grandfather has produced an emulation
i82 THE WRITINGS OF [1785
among the different parties here in doing homage to
his character. He will be unanimously chosen
president of the State and will either restore to it an
unexpected quiet or lose his own. It appears from
his answer to some applications that he will not decline
the appointment. On my journey I called at Mount
Vernon & had the pleasure of finding the Gen1, in
perfect health. He had just returned from a trip up
the Potowmac. He grows more & more sanguine as
he examines further into the practicability of opening
its navigation. The subscriptions are compleated
within a few shares, and the work is already begun at
some of the lesser obstructions. It is overlooked by
Rhumsey, the inventor of the boats which I have in
former letters mentioned to you : He has not yet
disclosed his secret. He had of late nearly finished a
boat of proper size, wc-h he meant to have exhibited,
but the house which contained it & materials for others
was consumed by fire. He assured the Gen! that the
enlargement of his machinery did not lessen the
prospect of utility afforded by the miniature experi
ments. The Gen! declines the shares voted him by
the Assembly, but does not mean to withdraw the
money from the object which it is to aid, and will
even appropriate the future tolls I believe to some
useful public establishment if any such can be devised
that will both please himself & be likely to please
the State. This is accompanied by a letter from our
amiable friend Mrs. Trist to Miss Patsy. She got
back safe to her friends in Aug -st & is as well as she
has generally been, but her cheerfulness seems to be
1785] JAMES MADISON. 183
rendered less uniform than it once was by the scenes
of adversity through which fortune has led her. Mrs.
House is well & charges me not to omit her respect
ful & affect6 compliments to you.
I remain Dr Sir, Yrs &c
MEMORIAL AND REMONSTRANCE AGAINST RELIGIOUS
ASSESSMENTS.1
To THE HONORABLE THE GENERAL ASSEMBLY
OF
THE COMMONWEALTH OF VIRGINIA.
A MEMORIAL AND REMONSTRANCE.
We, the subscribers, citizens of the said Commonwealth, having
taken into serious consideration, a Bill printed by order of the
last Session of General Assembly, entitled " A Bill establishing a
provision for Teachers of the Christian Religion," and conceiving
1 By a vote of ayes 48, noes 38, the third reading of the engrossed bill to
establish a provision for the teachers of the Christian religion was postponed
December 24, 1784, to the fourth Thursday in the next November. Among
those voting against the postponement were Benjamin Harrison, Joseph Jones,
John Marshall, Philip Barbour, Richard Bland Lee, Richard Henry Lee, and
Henry Tazewell. Washington also favorecTtne bill. It was printed for distri
bution among the voters in order that their sentiments towards it might be ascer
tained. Among its opponents were Wilson Gary Nicholas and George Nicholas.
A copy of the bill is found among the Washington MSS. The copy of the Re
monstrance used here is one of the broadsides printed by the Phenix Press of
Alexandria, now in the Virginia Historical Society, with a number of signatures
appended to it. It has been collated with the notes in Madison's hand found
among the Madison MSS.
" My brother informs me that he conversed with you on the propriety of
remonstrating against certain measures of the last session of Assembly and that
you seemed to think it would be best that the counties opposed to the measure
should be silent. I fear this would be construed into an assent especially to the
law for establishing a certain provision for the clergy : for as the Assembly only
postponed the passing of it that they might know whether it was disagreeable
to the people I think they may justly conclude that all are for it who do not say
to the contrary. A majority of the counties are in favor of the measure but
184 THE WRITINGS OF [1785
that the same, if finally armed with the sanctions of a law, will
be a dangerous abuse of power, are bound as faithful members of
a free State, to remonstrate against it, and to declare the reasons
by which we are determined. We remonstrate against the said
Bill,
i. Because we hold it fora fundamental and undeniable truth,
" that Religion or the duty which we owe to our Creator and the
Manner of discharging it, can be directed only by reason and
conviction, not by force or violence."1 The Religion then of
every man must be left to the conviction and conscience of
every man ; and it is the right of every man to exercise it as these
may dictate. This right is in its nature an unalienable right. It
is unalienable ; because the opinions of men, depending only on
the evidence contemplated by their own minds, cannot follow the
dictates of other men : It is unalienable also ; because what is
here a right towards men, is a duty towards the Creator. It is the
duty of every man to render to the Creator such homage, and such
only, as he believes to be acceptable to him. This duty is prece
dent both in order of time and degree of obligation, to the claims
undecipherable] a great majority of the people against it, but if this majority
should not appear by petition the fact will be denied. Another reason why all
should petition is that some will certainly do it and those who support the bills
will insist that those who petition are all the opposition. Would it not add
greatly to the weight of the petition if they all hold the same language? by
discovering an exact uniformity of sentiment in a majority of the country it
would certainly deter the majority of the assembly from proceeding. All my
expectations are from their fears, and not their justice. ... If you think
with me that it will be proper to say something to the Assembly, will you
commit it to paper. I risk this because I know you are most capable of doing
it properly and because it will be most likely to be generally adopted. I can
get it sent to Amherst Buckingham Albemarle, Fluvanna, Augusta, Botetourt,
Rock Bridge and Rockingham and have no doubt that Bedford and the counties
Southward of it will readily join in the measure. I will also send it to Frederick
and Berkeley and if it goes from your county to Farquieur Culpeper and
Loudoun it will be adopted by the most populous part of the country." —
George Nicholas to Madison, Charlottesville, April 22nd 1785, Mad. MSS.
"I found that no alteration could be made to the remonstrance without
injury and immediately had it copied and sent to the counties I mentioned in a
former letter." — Nicholas to Madison, Sweet Springs, July 24, 1785, Mad.
MSS. ' Decl. Rights, Art: 16. [Note in the original.]
1785] JAMES MADISON. 185
of Civil Society. Before any man can be considered as a member of
Civil Society, he must be considered as a subject of the Governor X'
of the Universe : And if a member of Civil Society, who enters
into any subordinate Association, must always do it with a re
servation of his duty to the general authority ; much more must
every man who becomes a member of any particular Civil Society,
do it with a saving of his allegiance to the Universal Sovereign. *X
We maintain therefore that in matters of Religion, no man's
right is abridged by the institution of Civil Society, and that
Religion is wholly exempt from its cognizance. True it is, that
no other rule exists, by which any question which may divide a
Society, can be ultimately determined, but the will of the majority ;
but it is also true, that the majority may trespass on the rights of
the minority.
2. Because if religion be exempt from the authority of the
Society at large, still less can it be subject to that of the Legisla
tive Body. The latter are but the creatures and vicegerents of
the former. Their jurisdiction is both derivative and limited : it is
limited with regard to the co-ordinate departments, more neces
sarily is it limited with regard to the constituents. The preser
vation of a free government requires not merely, that the metes
and bounds which separate each department of power may be
invariably maintained ; but more especially, that neither of them
be suffered to overleap the great Barrier which defends the rights
of the people. The Rulers who are guilty of such an encroach
ment, exceed the commission from which they derive their
authority, and are Tyrants. The People who submit to it are
governed by laws made neither by themselves, nor by an authority
derived from them, and are slaves.
3. Because, it is proper to take alarm at the first experiment
on our liberties. We hold this prudent jealousy to be the first
duty of citizens, and one of [the] noblest characteristics of the
late Revolution. The freemen of America did not wait till
usurped power had strengthened itself by exercise, and entangled
the question in precedents. They saw all the consequences in
the principle, and they avoided the consequences by denying the
1 86 THE WRITINGS OF [1785
principle. We revere this lesson too much, soon to forget it.
Who does not see that the same authority which can establish
Christianity, in exclusion of all other Religions, may establish
with the same ease any particular sect of Christians, in exclusion
of all other Sects ? That the same authority which can force a
citizen to contribute three pence only of his property for the
support of any one establishment, may force him to conform to
any other establishment in all cases whatsoever ?
4. Because, the bill violates that equality which ought to be
the basis of every law, and which is more indispensible, in pro
portion as the validity or expediency of any law is more liable to
be impeached. If " all men are by nature equally free and inde
pendent," * all men are to be considered as entering into Society
on equal conditions ; as relinquishing no more, and therefore
retaining no less, one than another, of their natural rights. Above
all are they to be considered as retaining an " equal title to the free
exercise of Religion according to the dictates of conscience " 2
/Whilst we assert for ourselves a freedom to embrace, to profess
and to observe the Religion which we believe to be of divine
origin, we cannot deny an equal freedom to those whose minds
have not yet yielded to the evidence which has convinced us. If
this freedom be abused, it is an offence against God, not against
man : To God, therefore, not to men, must an account of it be ren-
\^dered. As the Bill violates equality by subjecting some to peculiar
burdens ; so it violates the same principle, by granting to others
peculiar exemptions. Are the Quakers and Menonists the only
sects who think a compulsive support of their religions unneces
sary and unwarantable ? Can their piety alone be intrusted with
the care of public worship ? Ought their Religions to be en
dowed above all others, with extraordinary privileges, by which
proselytes may be enticed from all others ? We think too favor
ably of the justice and good sense of these denominations, to
believe that they either covet pre-eminencies over their fellow
citizens, or that they will be seduced by them, from the common
opposition to the measure.
1 Decl. Rights, Art. I. [Note in the original.]
2 Art : 16. [Note in the original.]
1785] JAMES MADISON. 187
5. Because the bill implies either that the Civil Magistrate is a
competent Judge of Religious truth ; or that he may employ Re
ligion as an engine of Civil policy. The first is an arrogant
pretension falsified by the contradictory opinions of Rulers in all
ages, and throughout the world : The second an unhallowed
perversion of the means of salvation.
6. Because the establishment proposed by the Bill is not re
quisite for the support of the Christian Religion. To say that it
is, is a contradiction to the Christian Religion itself ; for every page
of it disavows a dependence on the powers of this world : it is a
contradiction to fact ; for it is known that this Religion both ex
isted and flourished, not only without the support of human laws,
but in spite of every opposition from them ; and not only during
the period of miraculous aid, but long after it had been left to its
own evidence, and the ordinary care of Providence : Nay, it is
a contradiction in terms ; for a Religion not invented by human
policy, must have pre-existed and been supported, before it was
established by human policy. It is moreover to weaken in those
who profess this Religion a pious confidence in its innate excel
lence, and the patronage of its Author ; and to foster in those who
still reject it, a suspicion that its friends are too conscious of its
fallacies, to trust it to its own merits.
7. Because experience witnesseth that ecclesiastical establish
ments, instead of maintaining the purity and efficacy of Religion,
have had a contrary operation. During almost fifteen centuries^
has the legal establishment of Christianity been on trial. What
have been its fruits ? More or less in all places, pride and indolence
in the Clergy ; ignorance and servility in the laity ; in both,
superstition, bigotry and persecution. Enquire of the Teachers
of Christianity for the ages in which it appeared in its greatest
lustre ; those of every sect, point to the ages prior to its incorpora- /
tion with Civil policy. Propose a restoration of this primitive
state in which its Teachers depended on the voluntary rewards of
their flocks ; many of them predict its downfall. On which side
ought their testimony to have greatest weight, when for or when
against their interest ?
1 88 THE WRITINGS OF [1785
8. Because the establishment in question is not necessary for
the support of Civil Government. If it be urged as necessary for
the support of Civil Government only as it is a means of support
ing Religion, and it be not necessary for the latter purpose, it
cannot be necessary for the former. If Religion be not within
[the] cognizance of Civil Government, how can its legal establish
ment be said to be necessary to civil Government ? /What in
fluence in fact have ecclesiastical establishments had on Civil
Society ? In some instances they have been seen to erect a
spiritual tyranny on the ruins of Civil authority ; in many instan
ces they have been seen upholding the thrones of political tyr
anny ; in no instance have they been seen the guardians of the
liberties of the people. Rulers who wished to subvert the public
liberty, may have found an established clergy convenient auxiliar
ies. A just government, instituted to secure & perpetuate it, needs
them not. Such a government will be best supported by protect
ing every citizen in the enjoyment of his Religion with the same
equal hand which protects his person and his property ; by
neither invading the equal rights of any Sect, nor suffering any
Sect to invade those of another.
9. Because the proposed establishment is a departure from
that generous policy, which, offering an asylum to the persecuted
and oppressed of every Nation and Religion, promised a lustre to
our country, and an accession to the number of its citizens.
What a melancholy mark is the Bill of sudden degeneracy ? In
stead of holding forth an asylum to the persecuted, it is itself a
signal of persecution. It degrades from the equal rank of Citizens
all those whose opinions in Religion do not bend to those of the
Legislative authority. Distant as it may be, in its present form,
from the Inquisition it differs from it only in degree. The one is
the first step, the other the last in the career of intolerance. The
magnanimous sufferer under this cruel scourge in foreign Regions,
must view the Bill as a Beacon on our Coast, warning him to seek
some other haven, where liberty and philanthrophy in their due
extent may offer a more certain repose from his troubles.
10. Because, it will have a like tendency to banish our
Citizens. The allurements presented by other situations are
1785] JAMES MADISON. 189
every day thinning their number. To superadd a fresh motive to
emigration, by revoking the liberty which they now enjoy, would
be the same species of folly which has dishonoured and depopu
lated flourishing kingdoms.
11. Because, it will destroy that moderation and harmony which
the forbearance of our laws to intermeddle with Religion, has
produced amongst its several sects. Torrents of blood have been
spilt in the old world, by vain attempts of the secular arm to
extinguish Religious discord, by proscribing all difference in Re
ligious opinions. Time has at length revealed the true remedy.
Every relaxation of narrow and rigorous policy, wherever it has
been tried, has been found to assuage the disease. The American
Theatre has exhibited proofs, that equal and compleat liberty, ifx
it does not wholly eradicate it, sufficiently destroys its malignant
influence on the health and prosperity of the State. If with the
salutary effects of this system under our own eyes, we begin to
contract the bonds of Religious freedom, we know no name that
will too severely reproach our folly. At least let warning be
taken at the first fruits of the threatened innovation. The very
appearance of the Bill has transformed that " Christian forbear
ance, 1 love and charity," which of late mutually prevailed, into
animosities and jealousies, which may not soon be appeased.
What mischiefs may not be dreaded should this enemy to the
public quiet be armed with the force of a law ?
12. Because, the policy of the bill is adverse to the diffusion
of the light of Christianity. The first wish of those who enjoy
this precious gift, ought to be that it may be imparted to the
whole race of mankind. Compare the number of those who have
as yet received it with the number still remaining under the
dominion of false Religions ; and how small is the former !
Does the policy of the Bill tend to lessen the disproportion ?
No; it at once discourages those who are strangers to the
light of [revelation] from coming into the Region of it ; and
countenances, by example the nations who continue in darkness,
in shutting out those who might convey it to them. Instead of
1 Art. 16. [Note in the original.]
1 9o THE WRITINGS OF [1785
levelling as far as possible, every obstacle to the victorious prog
ress of truth, the Bill with an ignoble and unchristian timidity
would circumscribe it, with a wall of defence, against the encroach
ments of error.
13. Because attempts to enforce by legal sanctions, acts obnox
ious to so great a proportion of Citizens, tend to enervate the
laws in general, and to slacken the bands of Society. If it be
difficult to execute any law which is not generally deemed neces
sary or salutary, what must be the case where it is deemed invalid
and dangerous ? and what may be the effect of so striking an
example of impotency in the Government, on its general authority.
14. Because a measure of such singular magnitude and delicacy
ought not to be imposed, without the clearest evidence that it is
called for by a majority of citizens : and no satisfactory method
is yet proposed by which the voice of the majority in this case
may be determined, or its influence secured. " The people of the
respective counties are indeed requested to signify their opinion
respecting the adoption of the Bill to the next Session of Assem
bly." But the representation must be made equal, before the
voice either of the Representatives or of the Counties, will be
that of the people. Our hope is that neither of the former will,
after due consideration, espouse the dangerous principle of the
Bill. Should the event disappoint us, it will still leave us in full
confidence, that a fair appeal to the latter will reverse the sentence
against our liberties.
15. Because, finally, " the equal right of every citizen to the
free exercise of his Religion according to the dictates of con
science " is held by the same tenure with all our other rights. If
we recur to its origin, it is equally the gift of nature ; if we weigh
its importance, it cannot be less dear to us ; if we consult the
Declaration of those rights which pertain to the good people of
Virginia, as the " basis and foundation of Government," 1 it is
enumerated with equal solemnity, or rather studied emphasis.
Either then, we must say, that the will of the Legislature is the
only measure of their authority ; and that in the plenitude of this
1 Decl. Rights-title. [Note in the original.]
1785] JAMES MADISON. 191
authority, they may sweep away all our fundamental rights ; or,
that they are bound to leave this particular right untouched and
sacred : Either we must say, that they may controul the freedom
of the press, may abolish the trial by jury, may swallow up the
Executive and Judiciary Powers of the State ; nay that they may
despoil us of our very right of suffrage, and erect themselves into
an independant and hereditary assembly : or we must say, that
they have no authority to enact into law the Bill under considera
tion. We the subscribers say, that the General Assembly of this
Commonwealth have no such authority : And that no effort may
be omitted on our part against so dangerous an usurpation, we
oppose to it, this remonstrance ; earnestly praying, as we are in
duty bound, that the Supreme Lawgiver of the Universe, by
illuminating those to whom it is addressed, may on the one hand,
turn their councils from every act which would affront his holy
prerogative, or violate the trust committed to them : and on the
other, guide them into every measure which may be worthy of his
[blessing, may re]dound to their own praise, and may establish
more firmly the liberties, the prosperity, and the Happiness of
the Commonwealth.
TO GENERAL WASHINGTON. WASH. MSS.
RICHMOND Novr n, 1785.
DEAR SIR, — I recd. your favor of the 29^ Ult : on
thursday. That by Col. Lee had been previously
delivered. Your letter for the Assembly was laid
before them yesterday. I have reason to believe that
it was received with every sentiment which could
correspond with yours. Nothing passed from which
any conjecture could be formed as to the objects
which would be most pleasing for the appropriation
of the fund. The disposition is I am persuaded much
stronger to acquiesce in your choice whatever it may
192 THE WRITINGS OF [1785
be than to lead or anticipate it ; and I see no incon-
veniency in your taking time for a choice that will
please yourself. The letter was referred to a com
mittee which will no doubt make such a report as will
give effect to your wishes.
Our Session commenced very inauspiciously with a
contest for the chair, which was followed by a rigid
scrutiny into Mr. Harrison's election in his county.
He gained the chair by a majority of 6 votes and re
tained his seat by a majority of still fewer. His resi
dence was the point on which the latter question
turned. Doct Lee's election was questioned on a
similar point, and was also established ; but it was
held to be vacated by his acceptance of a lucrative
post under the United States. The House have en
gaged with some alacrity in the consideration of the
Revised Code prepared by Mr. Jefferson Mr. Pendle-
ton & Mr. Wythe. The present temper promises an
adoption of it in substance. The greatest danger
arises from its length compared with the patience of
the members. If it is persisted in it must exclude
several matters which are of moment, but I hope only
for the present Assembly. The pulse of the H. of D.
was felt on thursday with regard to a general manu
mission, by a petition presented on that subject. It
was rejected without dissent, but not without an
avowed patronage of its principle by sundry respect
able members. A motion was made to throw it under
the table, which was treated with as much indignation
on one side as the petition itself was on the other.
There are several petitions before the House against
1785] JAMES MADISON. 193
any step towards freeing the Slaves, and even praying
for a repeal of the law which licences particular manu
missions. The Merchants of several of our Towns
have made representations on the distress of our com
merce, which have raised the question whether relief
shall be attempted by a reference to Cong?, or by
measures within our own compass. On a pretty full
discussion it was determined by a large majority that
the power over trade ought to be vested in Congress,
under certain qualifications. If the qualifications
suggested & no others should be annexed, I think
they will not be subversive of the principle tho' they
will, no doubt, lessen its utility. The Speaker, Mr.
M. Smith & Mr. Braxton, are the champions against
Congress. Mr. Thurston & Mr. White have since
come in, and I fancy I may set down both as
auxiliaries. They are, however not a little puzzled
by the difficulty of substituting any practicable regu
lations within ourselves. Mr. Braxton proposed two
that did not much aid his side of the question : the
i was that all British vessels from the W. Indies
should be excluded from our ports ; the 2. that no
Merchant should carry on trade here until he sd have
been a resident— -years. Unless some plan free
from objection can be devised for this State, its
patrons will be reduced clearly to the dilemma of
acceding to a general one, or leaving our trade under
all its present embarrassments. There was some little
skirmishing on the ground of public faith, which leads
me to hope that its friends have less to fear than was
surmised. The Assize & Port Bills have not yet been
VOL. II. — 13.
i94 THE WRITINGS OF [1785
awakened. The Senate will make a House to-day for
the first time.
With the greatest respect & regard I have
the honor to be Dr Sir
Yr Obed1 & very Kble Serv1
TO JAMES MADISON. MAD. MSS.
RICH? Nov' 18. 1785.
HonD Sir, — I rcd yrs by Capt. Barbour who I hope
will enquire as to Turpin in the land office. I wish you
rather to confide such business to friends coming here
who can be relied on than to refer it to me. I am so
little master of my time and the office is removed so
far out of the way that I cannot be relied on. I will
endeavor to get the Journals for you soon. The
price of Tob° forbids the sale of your Hhd. The As
sembly have made some progress in the Revisal,
and I hope will go thro' it. Public cred* seems to
have more friends and paper money more adversaries
than I had expected. — Delegates to Cong5 for 1786.
R. H. Lee, Wra Grayson J* Monroe, H. Lee Jr.
^ Carrington Councilor Carter Bratton.
Yr afTe son
J. MADISON JR.
NOTES FOR SPEECH IN THE VIRGINIA HOUSE OF DELEGATES
NOVEMBER, 1785. l
COMMERCIAL REGULATIONS.
MAD. MSS.
Gen! reg! necessary whether the object be to
i. counteract foreign plans
1 This skeleton of a speech is written, as other speeches are, upon a slip of
1785] JAMES MADISON. 195
2. encourage ships & seamen
3. manufactures
4. Revenue
5. frugality, [articles of luxury most easily run from Stateto State]
6. Embargo's in war — case of Delaware in late war.1
necessary to prevent contention ams States.
1. Case of French provinces, Neckar says 23,000 patrols em-
ployd. ags- internal contraband.2
2. Case of Mass'? & Con*
3. Case of N. Y. & N. J.
4. P.a & Delaware
5. V? & Mary*? late regulation
6. Irish propositions
necessary to Justice & true Policy
1. Con1 & N Hamp :
2. N. J.
3. N. C.
4. Western Country.
Necessary as a system convenient & intelligible to foreigners
trading to U. S. Necessary as within reason of federal constitu
tion, the regulation of trade being as imposable by states as
peace, war, ambrs &c.
Treaties of comerce ineffectual without it
Safe with reg? to the liberties of the States.
1. Cong? may be trusted with trade as well as war &c
2. power of Treaties involve the danger if any —
3. Controul of States over Cong3.
4. example of amphyctionic league, achean do. Switzerld-, Hol
land, Germany.
paper in a hand so small that parts of it can hardly be deciphered with the
naked eye. An effect of the speech was the adoption by the House of a reso
lution, that "an act ought to pass to authorize the delegates of this State in
Congress to give the assent of the State to a general regulation of the Commerce
of the United States, under certain qualifications."
1 The non-importation agreements of the colonies before the Revolution were
not entered into by Delaware until some time after the other colonies. See
Life of George Read, 81.
2 4< De V Administration des Finances de la France"" had made its appearance
the year before this speech was delivered.
196 THE WRITINGS OF [1785
5. peculiar situation of U. S. increase the repellant power of the
States. Essential to preserve fed1- Constitution
1. declension of fed1- Gov*.
2. inadequacy to end, must lead states to substitute some other
policy no institution remaining long when it ceases to be useful, &c.
3. policy of G. B. to weaken union.
Consequences of dissolution of confederacy, i. Appeal to sword
in every petty squabble. 2. Standing armies beginning with weak
& jealous states. 3. perpetual taxes. 4. sport of foreign politics.
5, 6. blast glory of Revolution.
TO GENERAL WASHINGTON.
WASH. MSS,
RICHMOND Dec1: 9, 1785.
DEAR SIR, — Your favor of the 30 Novl" was re
ceived a few days ago. This would have followed
much earlier the one which yours acknowledges had
I not wished it to contain some final information re
lative to the commercial propositions. The discussion
of them has consumed much time and though the
o
absolute necessity of some such general system pre
vailed over all the efforts of its adversaries in the
first instance, the stratagem of limiting its duration
to a short term has ultimately disappointed our hopes.
I think it better to trust to further experience and
even distress, for an adequate remedy, than to try a
temporary measure which may stand in the way of a
permanent one, and confirm that transatlantic policy
which is founded on our supposed distrust of Congress
and of one another. Those whose opposition in this
case did not spring from illiberal animosities towards
the Northern States, seem to have been frightened
on one side at the idea of a perpetual and irrevocable
1785] JAMES MADISON. 197
grant of power, and on the other flattered with a
hope that a temporary grant might be renewed from
time to time, if its utility should be confirmed by the
experiment. But we have already granted perpetual
and irrevocable powers of a more extensive nature
than those now proposed and for reasons not stronger
than the reasons which urge the latter. And as to
the hope of renewal it is the most visionary one that
perhaps ever deluded men of sense. Nothing but
the peculiarity of our circumstances could ever have
produced those sacrifices of sovereignty on which the
federal Government now rests. If they had been
temporary, and the expiration of the term required a
renewal at this crisis, pressing as the crisis is, and re
cent as is our experience of the value of the confed
eracy, sure I am that it would be impossible to revive
it. What room have we then to hope that the expira
tion of temporary grants of commercial powers would
always find a unanimous disposition in the States to
follow their own example. It ought to be remembered
too that besides the caprice, jealousy, and diversity of
situations, which will be certain obstacles in our way,
the policy of foreign nations may hereafter imitate
that of the Macedonian Prince who effected his
purposes against the Grecian confederacy by gaining
over a few of the leading men in the smaller members
of it. Add to the whole, that the difficulty now found
in obtaining a unanimous concurrence of the States
in any measure whatever must continually increase
with every increase of their number, and perhaps in a
greater ratio, as the Ultramontane States may either
198 THE WRITINGS OF [1785
have or suppose they have a less similitude of inter
ests to the Atlantic States than these have to one
another. — The propositions however have not yet re
ceived the final vote of the House, having lain on the
table for some time as a report from the Com6 of the
whole. The question was suspended in order to con
sider a proposition which had for its object a meeting
of Politico-commercial Comissrs from all the States
for the purpose of digesting and reporting the re
quisite augmentation of the power of Congress over
trade. What the event will be cannot be foreseen.
The friends of the original propositions are I am
told rather increasing, but I despair of a majority, in
any event for a longer term than 25 years for their
duration. The other scheme will have fewer enemies
and may perhaps be carried. It seems naturally to
grow out of the proposed appointment of Cofrisrs
for Virg? & Mary? concerted at Mount Vernon, for
keeping up harmony in the commercial regulations of
the two States. Maryd has ratified the report, but
has invited into the plan Delaware & Pena, who will
naturally pay the same compliment to their neigh
bours &c. &c. Besides the general propositions on
the subject of trade, it has been proposed that some
intermediate measures should be taken by ourselves,
and a sort of navigation Act will I am apprehensive
be attempted. It is backed by the mercantile inter
est of most of our towns except Alexandria, which
alone seems to have liberality or light on the subject.
It was refused even to suspend the measure on the
concurrence of Mary? or N. Carolina. This folly
1785] JAMES MADISON. 199
however cannot one would think brave the ruin which
it threatens to our Merchts, as well as people at large,
when a final vote comes to be given.
We have got thro' a great part of the revisal, and
might by this time have been at the end of it had the
time wasted in disputing whether it could be finished
at this Session been spent in forwarding the work.
As it is we must content ourselves with passing a few
more of the important bills, leaving the residue for
our Successors of the next year. As none of the bills
passed are to be in force till Jan?, 1787, and the resi
due unpassed will probably be least disputable in
their nature, this expedient, though little eligible, is
not inadmissible. Our public credit has had a severe
attack and a narrow escape. As a compromise it has
been necessary to set forward the half tax till March ;
and the whole tax of Sep1^ next till Nov* ensuing.
The latter postponement was meant to give the
planters more time to deal with the Merch' in the sale
of their Tob°, and is made a permanent regulation.
The Assize bill is now depending. It has many
enemies and its fate is precarious. My hopes how
ever prevail over my apprehensions. The fate of the
Port bill is more precarious. The failure of an inter
view between our Comssrs and Comssrs on the part
of N. Carolina has embarrassed the projected Canal
between the waters of the two States. If N. C. were
entirely well disposed the passing an Act suspended
on & referred to her legislature would be sufficient,
and this course must I suppose be tried, though pre
vious negociation would have promised more certain
200 THE WRITINGS OF [1785
success. — Kentucky has made a formal application for
independence. Her memorial has been considered
and the terms of separation fixed by a Com? of the
whole. The substance of them is that all private
rights & interests derived from the laws of Virginia
shall be secured that the unlocated lands shall be ap
plied to the objects to which the laws of V* have ap
propriated them — that nonresidents shall be subjected
to no higher taxes than residents — that the Ohio shall
be a co™ on highway for Citizens of the U. S. and the
jurisdiction of Kentucky & Virga, as far as the re
maining territory of the latter will lie thereon, be
concurrent only with the new States on the opposite
Shore — that the proposed State shall take its due
share of our State debts — and that the separation
shall not take place unless these terms shall be
approved by a Convention to be held to decide the
question, nor untill Cong? shall assent thereto, and
fix the terms of their admission into the Union. The
limits of the proposed State are to be the same with
the present limits of the district. The apparent
coolness of the Representatives of Kentucky as to
a separation since these terms have been defined
indicates that they had some views which will not be
favored by them. They disliked much to be hung
up on the will of Congress.
I am Df Sir with the highest esteem and
unfeigned regard Yf Obed< & hble Serv!
1785] JAMES MADISON. 201
TO JAMES MONROE. MAD. MSS.
RICHD, Dec1: 9, 1785.
DEAR SIR, — Supposing that you will be at New
York by the time this reaches it I drop a few lines
for the post of to-day. Mr Jones tells me he in
formed you that a substitute had been brought for
ward to the commercial propositions which you left
on the carpet. The subject has not since been called
up. If any change has taken place in the mind of
the House, it has not been unfavorable to the idea
of confiding to Congress a power over trade. I am
far from thinking however that a perpetual power can
be made palatable at this time. It is more probable
that the other idea of a Convention of Commiss" from
the States for deliberating on the state of commerce
and the degree of power which ought to be lodged in
Congress, will be attempted. Should it fail in the
House, it is possible that a revival of the printed pro
positions with an extension of their term to twentyfive
years, will be thought on by those who contend that
something of a general nature ought to be done. My
own opinion is unaltered. The propositions for a
State effort have passed and a bill is ordered in, but
the passage of the bill will be a work of difficulty &
uncertainty ; many having acquiesced in the prelimi
nary stages who will strenuously oppose the measure
in its last stages. No decisive vote has been yet
taken on the Assize bill. I conceive it to be in some
danger, but that the chance is in its favour. The
case of the British debts will be introduced in a
day or two. We have got through more than half
202 THE WRITINGS OF [1785
of the Revisal. The Criminal bill has been assailed
on all sides. Mr Mercer has proclaimed unceasing
hostility against it. Some alterations have been
made & others probably will be made, but I think the
main principle of it will finally triumph overall oppo
sition. I had hoped that this Session wd have
finished the code, but a vote ags.f postponing the
further consideration of it till the next, was carried
by so small a Majority that I perceive it will be ne
cessary to contend for nothing more than a few of
the more important bills leaving the residue of them
for another year. My proposed amendment to the
report on the Memorial of Kentucky, was agreed to in
a Comittee of the whole without alteration, and with
very few dissents. It lies on the table for the ratifica
tion of the House. The members from that district
have become extremely cold on the subject of an im
mediate separation. The half tax is postponed till
March & the Septf tax till Nov1: next. Not a word
has passed in the House as to a paper emission. I
wish to hear from you on your arrival at N. Y. and to
receive in particular whatever you may be at liberty to
disclose with regard to the Treaty of peace, &c with
G. B. Mr Jones wishes you to accept this as on his
acd as well as mine, he sent C. Griffins order on the
bank by the last post and hopes you rec? it at Fred?
Col. Grayson will no doubt have left you. I have
omitted for some time writing to him on a supposition
that I should be too late.
I am D? Sir
Yr^ affe1?
1785] JAMES MADISON. 203
TO AMBROSE MADISON.1
RICHMOND, Dec1: 15, 1785
D? BROR-' — I wrote to my father a day or two ago
by Col : Burnley to which I refer. The principal step
since taken by the H. of Delegates has been the
rejection of a bill on which the assize scheme de
pended. The majority consisted of 63 ags.1 49. Yester
day the vote of the Speaker decided in the affirmative
a resolution to repeal the act which permits masters
to free their slaves.2 I hope the bill which must
follow on the subject may be less successful. Many
who concurred in the Resolution will probably be
content finally with some amendment of the law in
1 From the New York Public Library (Lenox) MSS. A copy of the letter
was printed in the Nation July 19, 1894.
2 The act was passed at the May session, 1782, of the General Assembly :
" Whereas application hath been made to this present general assembly, that
those persons who are disposed to emancipate their slaves may be empowered so
to do, and the same hath been judged expedient under certain restrictions : Be
it therefore enacted, That it shall hereafter be lawful for any person, by his or
her last will and testament, or by any other instrument in writing, under his or
her hand and seal, attested and proved in the county court by two witnesses,
. . . to emancipate and set free, his or her slaves, or any of them, who shall
thereupon be entirely and freely discharged from the performance of any con
tract entered into during servitude, and enjoy as full freedom as if they had been
particularly named and freed by this act." — Hening's Statutes at Large, xi, 39.
Jacob Read, of South Carolina, wrote to Madison from Congress August 29,
1785: "An opinion prevails in South Carolina that the principal holders of
Slaves in your State wish to divest themselves of that kind of property and that
tolerable good purchases might be made on good Security being given for pay
ments by installments with a regular discharge of the Interest.
" Under the Impression of this opinion the Hon!e M^ J. Rutledge of S?
Carolina has addressed a Letter to me wishing to become engaged in any pur
chase I may be able to make, & to make a joint concern. . . . My present
application to you is to request you to inform me if you know of any such per
sons as may wish to sell a gang of Hands & the Terms on which they might be
had. . . . We want ! Greatly want ! ! the assistance of your abilities &
Experience in Congress." — Mad. MSS.
204 THE WRITINGS OF [1785
favor of creditors. Should it prove otherwise this
retrograde step with regard to an emancipation will
not only dishonor us extremely but hasten the event
which is dreaded by stimulating the efforts of the
friends to it. The residue of the Revisal from No.
65 will be put off, except the Religious Bill and a few
others. Leave was given yesterday for a bill in favor
of British Creditors, but not without proofs that it
will be opposed in every stage of its progress thro'
the House. The price of Tob° is not much, if at all
changed.
TO JAMES MONROE. MAD. MSS.
RICHMOND, Dec^ 17, 1785
DEAR SIR, — Since my last by the preceding post
the fate of the assize laws has been determined by a
negative in the H. of Delegates on the Bill on which
its execution depended. The majority consisted of
63 agst 49. A reform of the County Courts is the
substitute proposed by the adversaries of the Assize,
and if it can be put into any rational shape will be re
ceived by the other side as auxiliary to the Assize
plan which may be resumed at another Session. It
is surmised that the Senate will not part? with this
plan in any event, and as the law passecNh the last
Session, unless repealed or suspended, stops the pro
ceedings of the Gen1 Court after the Is.1 day of Jan?
A bill must be sent to the Senate which will give
them an opportunity of proposing some amendment
which may revive the question at the present Session.
1785] JAMES MADISON. 205
Our progress in the Revisal has been stopped by the
waste of time produced by the inveterate and prolix
opposition of its adversaries, & the approach of
Christmas. The Bill proportioning crimes & punish
ments was the one at which we stuck after wading
thro' the most difficult parts of it. A few subsequent
bills however were excepted from the postponement.
Among these was the Bill for establishing Religious
freedom, which has got thro' the H. of Delegates
without alteration, though not without warm op
position. Mr. Mercer & Mr. Corbin were the prin
cipal Combatants against it. Mr. Jones is well. With
sincerity, I am
Y^ aff? friend.
TO JAMES MONROE. MAD. MSS.
RICHMOND, Dec! 24, 1785.
DEAR SIR, — The proceedings of the Assembly
since my last, dated this day week have related i. to
the Bill for establishing Religious freedom in the Re
visal. 2. a Bill concerning British debts. 3. a Bill
concerning the Proprietary interest in the Northern
Neck. 4. for reforming the County Courts. The
first employed the H. of Delegates several days ; The
preamble being the principal subject of contention.
It at length passed without alteration. The Senate I
am told have exchanged after equal altercation, the
preamble of the revisal for the last clause in the Dec
laration of Rights ; an exchange we1? was proposed
in the H. of D. and negatived by a considerable
2c6 THE WRITINGS OF [1785
majority. I do not learn that they have made or
will make any other alteration. The Bill for the pay
ment of British debts is nearly a transcript of that
which went thro' the two Houses last year, except
that it leaves the periods of instalment blank, and
gives the Creditor an opportunity of taking imme
diate execution for the whole debt, if the debtor
refuses to give security for complying with the instal
ments. The Bill was near being put off to the next
Session on the second reading. A majority were for
it, but having got inadvertently into a hobble, from
the manner in which the question was put, the result
was that Monday next should be appointed for its
consideration. The arrival & sentiments of Col:
Grayson will be favorable to some provision on the
subject. A clause is annexed to the Bill, authoris
ing the Executive to suspend its operation, in case
Cong? shall signify the policy of so doing. The
general cry is that the Treaty ought not to be ex
ecuted here until the posts are surrendered, and an
attempt will be made to suspend the operation of the
Bill on that event or at least on the event of a posi
tive declaration from Cong? that it ought to be
put in force. The last mode will probably be fixed
on, notwithstanding its departure from the regular
course of proceeding, and the embarrassment in
which it may place Congress.
The bill for reforming the County Courts proposes
to select five Justices, who are to sit quarterly, be
paid scantily, and to possess the Civil Jurisdiction of
the County Courts, and the Criminal jurisdiction of
1785] JAMES MADISON. 207
the Gen1. Court under certain restrictions. It is
meant as a substitute for the Assize system, to all
the objections against which it is liable, without pos
sessing its advantages. It is uncertain whether it
will pass at all or what form it will finally take. I
am inclined to think it will be thrown out. The Bill
relating to the N. Neck passed the H. of D. yester
day. It removes the records into the Land office here,
assimilates locations of surplus land to the general
plan, and abolishes the Quitrent. It was suggested
that the latter point was of a judiciary nature, that it
involved questions of fact, of law, and of the Treaty
of peace, and that the Representatives of the late
proprietor ought at least to be previously heard ac
cording to the request of their Agent. Very little
attention was paid to these considerations, and the
bill passed almost unanimously. With sincere affection
I am your friend & serv'
TO JAMES MADISON. MAD. MSS.
RICHMOND Dec1: 24. 1785.
My last informed you of the miscarriage of the
Assize scheme. It has been followed with an at
tempt to reform the County Courts, which will prob
ably end in the appointment of four months in which
the Courts shall be confined to Docket business &
compelled to dispatch it. A Bill is depending for
the payment of British debts, nearly on the model of
that which fell thro' last year. It is extremely grat
ing and will be rejected unless the prospect of an
208 THE WRITINGS OF [1785
accomodation with G. B. on the subject of the posts
& the negroes, or the apprehensions of being saddled
with worse terms by delay, should overcome the dis
inclination. The port bill has not been yet taken
up. It will be severely attacked. We have a variety
of orders of the day which will consume time, and
other bills are to be brought in. Of course the end
of the Session is remote, unless impatience should
produce the same effect as a conclusion of the busi
ness. The petition of the little fork has been justly
rejected, by a general vote. I have not yet disposed
of your Tob? The price has not latterly exceeded I
believe four dollars, and I am told to day that 20/1, is
talked of. I have never yet had it in my power to
make the enquiries at the land office, or to get out
your patents. Capt. Barbour tells me he has been
there and could not get the information relative to
Turpin without a knowledge of some dates which
you have not mentioned to him or to me. If you
have any unliquidated claims ag-' the U. S. that can
be settled by the Comiss- before the i? day of Jan?
or loan office certificates issued from the Con' officer
here the interest up to Dec- 1782 will be paid at the
Treas^ in specie. Let this circumstance be known if
you please, tho' I suppose it will be too late. It may
be of the less consequence, as such warrants for inter
est will in future be receivable in taxes. The Quitrents
for the Northern Neck are abolished by a bill which
is gone up to the Senate. The Bill for establish
ing Religious freedom passed the H. of Delegates
as it stands in the Revised Code. The Senate have
1785] JAMES MADISON. 209
disagreed to the preamble and substituted the last
Article of the Declaration of Rights. Which house
is to recede, is uncertain. Both are much attached to
their respective ideas. Capt : Barbour tells me Payne
has engaged his brother J- B. to pay the money due
to you. I wish you could let Maj- Moore have about
£ 1 8 of it, the amount of his interest on the certifi
cate obtained from Dunscomb by M' Hubbard Tay
lor, & left with me. Let me know whether such an
arrangement will be practicable. Be kind eno' also to
let Capt. Walker & my brother F. know that I am
called on for their balances to the Steward of H amp-
den Sidney by a man here who has an order on me
for them, present my regards to the family and
believe me to be your Affec" son—
TO JAMES MADISON. MAD. MSS.
RICHMOND Deer 27, 1785
HOND SIR, — Mr Js Davis has just handed your
favor of the 24. inst. It is too late to revise the pro
ceedings relative to the Trustees of Beverley. The
Act authorizes the Comssrs who are to settle your
accounts to make a reasonable allowance for your
trouble. I cannot get a copy of the act without pay
ing the £10. Capt. P. Barbour will inform you of
Dean's answer to his application. He carried a letter
from me giving you an acct. of the latest proceedings
of the Assembly. Nothing of consequence has been
done since. It is uncertain when we shall rise. If
an opportunity should offer, I shall be glad of the
fresh butter at all events.
I am with best regards to ye family yr ar? son.
VOL. II.— 14.
210 THE WRITINGS OF [1785
TO JAMES MONROE. MAD. MSS.
RICHMOND Dec1: 30, 1785.
DEAR SIR, — The past week has been rendered im
portant by nothing but some discussions on the sub
ject of British debts. The bill brought in varied
from that which miscarried last year i. by adding
provision in favor of the Creditors for securing pay
ment at the dates of the instalments 2. by annexing
a clause empowering the Executive to suspend the
operation of the Act in case Congress should notify
their wish to that effect. Great difficulty was found
in drawing the House into Comte on the subject. It
was at length effected on Wednesday. The changes
made in the Bill by the Comittee are i. striking out
the clause saving the Creditors from the act of limita
tion which makes the whole a scene of Mockery — 2.
striking out the provision for securities — 3. Converting
the clause authorizing Cong- to direct a suspension
of the Act into a clause suspending it, untill Cong"
should notify to the Executive thatG. B. had complyed
with the Treaty on her part, or that they were satis
fied with the steps taken by her for evacuating the
posts, paying for Negroes and for a full compliance
with the Treaty. The sentence underlined was pro
posed as an amendment to the amendment and
admitted by a very small majority only. 4. exoner
ating the public from responsibility for the payments
into the Treasury by British debtors beyond the real
value of the liquidated paper. Since these proceed
ings of the Committee of the whole, the subject has
1 7 85] JAMES MADISON. 2 1 1
slept on the table, no one having called for the re
port. Being convinced myself that nothing can be now
done that will not extremely dishonor us, and em
barrass Cong'!, my wish is that the report may not be
called for at all.
In the course of the debates no pains were spared
to disparage the Treaty by insinuations ag-f Cong!,
the Eastern States, and the negociators of the Treaty,
particularly J. Adams. These insinuations & artifices
explain perhaps one of the motives from which the
augmention of the federal powers & respectability
has been opposed. The Reform of the County Courts
has dwindled into directions for going thro' the
docket quarterly, under the same penalties as now
oblige them to do their business monthly. The ex
periment has demonstrated the impracticability of
rendering these courts fit instruments of Justice ; and
if it had preceded the Assize Question would I think
have ensured its success. Some wish to renew this
question in a varied form, or at least under a varied
title ; but the Session is too near its period for such
an attempt. When it will end I know not. The
business depending w? employ the House till March.
A system of navigation and commercial regulations
for this State alone is before us and comprises matter
for a month's debate. The Compact with Mary? has
been ratified.1 It was proposed to submit it to
1 Aug. 9, 1785, George Mason wrote from Gunston Hall to Madison, enclos
ing for his inspection a copy of his and Henderson's report to the Legislature
and of the joint letter to the government of Pennsylvania of the Virginia and
Maryland commissioners.
January 13, 1786, the Virginia General Assembly agreed that duties on ex-
2i2 THE WRITINGS OF [1786
Cong" for their sanction, as being within the word
Treaty used in the Confederation. This was oppd-
It was then attempted to transmit it to our Dele
gates to be by them simply laid before Cong' Even
this was negatived by a large Majority. I can add no
more without risking the opportunity by the post
except that I remain Yr affe? friend
CHURCH ESTABLISHMENT. MAD. MSS.
TO THE HONBLE THE SPEAKER & GENTLEMEN THE GENERAL
ASSEMBLY OF VIRGINIA. (1786. )J
We the subscribers members of the protestant episcopal Church
claim the attention of your honourable Body to our objections to
the law passed at the last Session of Assembly for incorporating
the protestant Episcopal church ; and we remonstrate against the
said law —
ports and imports should be the same in Virginia and Maryland, and that com
missioners from the two States should meet annually to arrange the schedules —
Journal of the Hotise of Delegates.
1 The petition is in Madison's handwriting.
June 3, 1784, a memorial from the Protestant Episcopal Church in Virginia
was presented in the House of Delegates stating that the church labored under
disadvantages because of several laws directing the modes of worship, and
requesting the repeal of such acts ; " that an act may pass, to incorporate the
Protestant Episcopal Church in Virginia, to enable them to regulate all the
spiritual concerns of that Church, alter its form of worship, and constitute such
canons, by-laws and rules for the government and good order thereof, as are
suited to their religious principles ; and in general that the Legislature will aid
and patronize the Christian religion." This was referred to the Committee on
Religion, of which Madison was himself a member ; but he was opposed to
the views of the majority of his colleagues. On June 8 Carey reported that
the memorial seemed to the committee to be reasonable. The bill for the
incorporation of the Protestant Episcopal Church was read the second time
June 1 6, and after modification to a less objectionable form passed at the next
session of the Assembly. (See Journal of the House of Delegates.} Madison
himself voted for it, as a strategic movement, to ward off action on the more im
portant bill for religious assessments. The act contained twelve sections, pro
viding that the "Minister and vestry of the Protestant Episcopal Church"
1786] JAMES MADISON. 213
Because the law admits the power of the Legislative Body to
interfere in matters of Religion which we think is not included in
their jurisdiction.
Because the law was passed on the petition of some of the
Clergy of the Protestant Episcopal Church without any applica
tion from the other members of that Church on whom the law is
should, under that name, constitute a body politic and corporate in the respec
tive parishes, and should forever enjoy all glebe lands already purchased,
churches, burying-grounds, etc., belonging to them, " and every other thing the
property of the late established church." In the proceedings of the ministers
and vestries all matters were to be decided by a majority vote. They had full
power and authority to purchase and enjoy lands, etc. In whatever parishes
ministers and vestrymen wished to form a body corporate under the act, it was
lawful for any two members of the church to call together the other members in
the parish and elect twelve church members, to form a vestry and with the
minister of the church were authorized to regulate all its religious concerns,
doctrine, discipline and worship. (Hening's Statutes at Large, 11,532).
Beginning with the session of the Assembly in the Autumn of 1786 petitions
to repeal the act began to pour in, and also a smaller number against the repeal
(Journal of the House of Delegates, Oct. j/, Nov. i, Nov. 6, Nov. 9, Nov. 10,
Nov. 17, Nov. 24, Dec. 4, Dec. 3, Dec. 7.) The act of repeal was finally
passed Jan. 10, 1787. (Hening's Stats, at Large, 12,266.)
Rev D* John B. Smith, of Hampden-Sidney College, a Presbyterian, wrote
to Madison under date June 21, 1784 :
" Since my arrival at home, I have seen a part of your Journals, & by them
have learned the objects of the Petition from the Episcopal Clergy, which in
one or two instances, appear to me very exceptionable. The first part of their
prayer is necessary & proper ; & the whole of it might pass without much
animadversion to its disadvantage, 'till you hear them requesting that ' they,
the Clergy, may be incorporated by law ' ; & then an attentive mind must revolt
against it as very unjustifiable, & very insulting to the members of their com
munion in general. Had they requested that an incorporating act should pass,
in favour of that Church as a party of Christians, whereby the people might have
had a share in the direction of ecclesiastical regulations, £ the appointment of
Church officers for that purpose, it would have been extremely proper. But as
the matter now stands, the clergy seem desirous to exclude them from any share
in such a privilege & willing to oblige the members of their Churches to sit
down patiently, under such regulations as an incorporated body of Clergymen,
who wish to be peculiarly considered as ministers in the view of the law, shall
chuse to make, without a legal right to interpose in any manner, but such as
these spiritual leaders may think fit to allow. * * * * * *
" But that part of the petition, which concerns me most as well as every non-
Episcopalian in the state, is, where these Clergymen pray for an act of the
2i4 THE WRITINGS OF [1786
to operate, and we conceive it to be highly improper that the
Legislature should regard as the sense of the whole Church the
opinion of a few interested members who were in most instances
originally imposed on the people without their consent & who
were not authorized by even the smallest part of this community
to make such a proposition.
Because the law constitutes the Clergy members of a convention
who are to legislate for the laity contrary to their fundamental
right of chusing their own Legislators.
Because by that law the most obnoxious & unworthy Clergyman
cannot be removed from a parish except by the determination of
a body, one half of whom the people have no confidence in & who
will always have the same interest with the minister whose con
duct they are to judge of.
Because — by that law power is given to the convention to regu
late matters of faith & the obsequious vestries are to engage to
change their opinions as often as the convention shall alter
theirs.
Because a system so absurd and servile will drive the members
of the Episcopal Church over to the Sects where there will be
more consistency & liberty.
We therefore hope that the wisdom & impartiality of the present
assembly will incline them to repeal a law so pregnant with mis
chief & injustice.
TO THOMAS JEFFERSON. MAD. MSS.
RICHMOND, Jan. 220!, 1786.
DEAR SIR, — My last dated Novr I5th, from this place answered yours of
May nth, on the subject of your printed notes.1 I have since had opportuni
ties of consulting other friends on the plan you propose, who concur in the result
Assembly to ENABLE, them to regulate all the spiritual concerns of that Church
&c. This is an express attempt to draw the State into an illicit connexion &
commerce with them, which is already the ground of that uneasiness which at
present prevails thro' a great part of the State. According to the spirit of that
prayer, the Legislature is to consider itself as the head of that Party, & con
sequently they as members are to be fostered with particular care."
Mad. MSS.
" On my return to Orange I found the copy of your Notes brought along
1 7 86] JAMES MADISON. 215
of the consultations which I transmitted you. Mr. Wythe's idea seems to
be generally approved, that the copies destined for the University should be
dealt out by the discretion of the Professors, rather than indiscriminately and at
once put into the hands of the students, which, other objections apart, would at
once exhaust the Stock. A vessel from Havre de Grace brought me a few
days ago two Trunks of Books, but without letter or catalogue attending them.
I have forwarded them to Orange without examining much into the contents,
lest I should miss a conveyance which is very precarious at this season, and be
deprived of the amusement they promise me for the residue of the winter.
Our Assembly last night closed a Session of 97 days, during the whole of
which except the first seven, I have shared in the confinement. It opened
with a very warm struggle for the chair between M* Harrison & M^ Tyler
which ended in the victory of the former by a majority of 6 votes. This vic
tory was shortly afterwards nearly frustrated by an impeachment of his election
in the County of Surry. Having failed in his native County of Charles City,
he abdicated his residence there, removed into the County of Surry where he
had an estate, took every step which the interval would admit, to constitute
himself an inhabitant, and was in consequence elected a representative. A
charge of non-residence was nevertheless brought against him, decided ag^ him
in the comittee of privileges by the casting vote of the Chairman, and reversed
in the House by a very small majority. The election of Doc1; Lee was attacked
on two grounds. Ist, of non-residence, 2d]y , of holding a lucrative office under
Cong5, on the Ist he was acquitted, on the 2d, expelled, by a large majority.
The revised Code was brought forward pretty early in the Session. It was first
referred to Come of Cts of Justice, to report such of the bills as were not of a
temporary nature, and on their report comitted to comtee of the whole.
Some difficulties were raised as to the proper mode of proceeding, and some
opposition made to the work itself. These however being surmounted, and
three days in each week appropriated to the task, we went on slowly but suc
cessfully, till we arrived at the bill concerning crimes and punishments. Here
the adversaries of the Code exerted their whole force, which being abetted by
the impatience of its friends in an advanced stage of the Session, so far pre
vailed that the farther prosecution of the work was postponed till the next Ses
sion. The operation of the bills passed is suspended until the beginning of
1787 so that if the Code sd be resumed by the next Assembly and finished early
with it by Mr. Doradour. I have looked them over carefully myself & con
sulted several judicious friends in confidence. We are all sensible that the
freedom of your strictures on some particular measures and opinions will dis
please their respective abettors. But we equally concur in thinking that this
consideration ought not to be weighed against the utility of your plan. We
think both the facts and remarks which you have assembled too valuable not to
be made known, at least to those for whom you destine them, and speak of
them to one another in terms ^vhich I must not repeat to you.1' — Madison to
Jefferson, November 15, 1785. Mad. MSS.
216 THE WRITINGS OF [1786
in the Session, the whole system may commence at once. I found it more
popular in the Assembly than I had formed any idea of, and though it was
considered by paragraphs and carried through all the customary forms, it might
have been finished at one Session with great ease, if the time spent on motions
to put it off and other dilatory artifices had been employed on its merits.
The adversaries were the Speaker, Thruston, and Mercer, who came late in the
Session into a vacancy left by the death of Col. Brent, of Stafford, and contrib
uted principally to the mischief.1 The titles in the enclosed list will point out
to you such of the bills as were adopted from the Revisal. The alterations
which they underwent are too numerous to be specified, but have not materially
vitiated the work. The bills passed over were either temporary ones, such as
being not essential as parts of the system may be adopted at any time and were
likely to impede it at this, or such as have been rendered unnecessary by Acts
passed since the epoch at which the revisal was prepared. After the comple
tion of the work at this Session was despaired of it was proposed arid decided
that a few of the bills following the bill concerning crimes and punishments
should be taken up as of peculiar importance. The only one of these which 1
was pursued into an Act is the Bill concerning Religious freedom. The steps /
taken throughout the Country to defeat the Gen1 Assessment had produced all
the effect that could have been wished. The table was loaded with petitions
and remonstrances from all parts against the interposition of the Legislature in
matters of Religion. A general convention of the Presbyterian church prayed
expressly that the bill in the Revisal might be passed into a law, as the best
safeguard short of a Constitutional one, for their religious rights. The bill was
carried thro' the H. of Delegates, without alteration. The Senate objected to
; the preamble, and sent down a proposed substitution of the i6^h art : of the
Declaration of Rights. The H. of D. disagreed. The Senate insisted, and
asked a Conference. Their objections were frivolous indeed. In order to re-
: move them as they were understood by the Managers of the H. of D. The pre
amble was sent up again from the H. of D. with one or two verbal alterations.
As an amendment to these the Senate sent down a few others, which as they
did not affect the substance though they somewhat defaced the composition, it
was thought better to agree to than to run further risks, especially as it was get
ting late in the Session and the House growing thin. The enacting clauses
past without a single alteration, and I flatter myself have in this country extin- !
guished forever the ambitious hope of making laws for the human mind.
Acts not included in the Revisal.
For the na- This was brought forward by Col: Henry Lee Jr., and passed
ura ization o wjtjlout opposition. It recites his merits towards this Country,
the Marquis
de la fayette anc^ constitutes him a Citizen of it.
To amend the The donation presented to Gen1 W embarrassed him much, on
act vesting in One side, he disliked the appearance of slighting the bounty of his
1 The portions of the letter printed in italics are in cypher in the original.
1786] JAMES MADISON. 217
Country and of an ostentatious disinterestedness, on the other, Geni. Wash-
an acceptance of reward in any shape was irreconcileable with "" '
the law he had imposed on himself. His answer to the Assem- River Com-
bly declined in the most affectionate terms the emolument alloted panics.
to himself, but intimated his willingness to accept it so far as to dedicate it to
some public and patriotic use. This Act recites the original act & his answer,
and appropriates the future revenue from the shares to such public objects as
he shall appoint. He has been pleased \.Q ask my ideas with regard to the most
proper objects. I suggest ', in general only, a partition of the fund between some
institution which would please the philosophical world, and some other which
may be of a popular cast. If your knowledge of the several institutions in
France or elsewhere should suggest models or hints, I could wish for your
ideas on the case, which no less concern the good of the Commonwealth than the
character of its most illustrious citizen.
Some of the malefactors consigned by the Executive to labour, An act em-
brought the legality of such pardons before the late Court of P°werin& the
Governor &
Appeals who adjudged them to be void. This Act gives the Ex- Council to
ecutive a power in such cases for one year. It passed before the grant condi-
bill in the revisal on this subject was taken up, and was urged tional pardons
against the necessity of passing it at this Session. The expiration in certain
of this act at the next Session will become an argument on the
other side.
This Act empowers the Executive to confine or send away sus- An act giv-
picious aliens, on notice from Cong5 that their sovereigns have ing P°wers to
declared or commenced hostilities agst the U. S., or that ye latter and c^u'ncil
have declared War agst such sovereigns. It was occasioned by in certain
the arrival of two or three Algerines here, who, having no appar- cases.
ent object, were suspected of an unfriendly one. The Executive caused them
to be brought before them, but found themselves unarmed with power to pro
ceed. These adventurers have since gone off.
Abolishes the quitrent, and removes the papers to the Regis- Act for safe
ter's office. keeping land
papers of the
Northern Neck.
Requires them to clear their dockets quarterly. It amounts to Act for re-
nothing and is chiefly the result of efforts to render Courts of forming
Assize unnecessary. County
The latter act passed at the last Session required sundry sup
plemental regulations to fit it for operation, an attempt to provide Ac* to sus"
these which involved the merits of the innovation drew forth the edition of the
united exertions of its adversaries. On the question on the sup- Actestablish-
plemental bill they prevailed by 63 votes ag^ 49. The best that ing Courts of
could be done in this situation was to suspend instead of repealing Assize.
the original act, which will give another chance to our successors for introdu
cing the proposed reform. The various interests opposed to it, will never be
conquered without considerable difficulty.
2i8 THE WRITINGS OF [1786
Resolution The necessity of harmony in the cofnercial regulations of the
proposing a States has been rendered every day more apparent. The local
general meet- efjorts to counteract the policy of G. B., instead of succeeding,
have in everv instance recoiled more or less on the States which
from the
States to con- ventured on the trial. Notwithstanding these lessons, the Mer-
sider and rec- chts of this State, except those of Alexandria and a few of the
omend a rnore intelligent individuals elsewhere, were so far carried away
by their jealousies of the Northern Marine as to wish for a naviga-
for regulating •>
coerce, and ti°n Act confined to this State alone. In opposition to those nar-
appointg as row ideas the printed proposition herewith inclosed was made.
ComsTs from As printed, it went into a Comme of the whole. The alterations
a' c a " of the pen shew the state in which it came out. Its object was to
Madison Jr §^ve Cong5 such direct power only as would not alarm, but to
Walter Jones, limit that of the States in such manner as wd indirectly require a
St G. Tucker, conformity of the plans of Cong5. The renunciation of the right
nith, G. Q£ iaying duties on imports from other States, would amount to a
David Ross prohibition of duties on imports from foreign Countries, unless
who are to similar duties existed in other States. This idea was favored by
comunicate the discord produced between several States by rival and adverse
the proposal regulations. The evil had proceeded so far between Connecticut
timers lace an(^ Massts that the former laid heavier duties on imports from
of meeting. the latter than from G. B., of which the latter sent a letter of
complaint to the Executive here and I suppose to the other
Executives. Without some such self-denying compact it will,
I conceive be impossible to preserve harmony among the contiguous States.
In the Comittee of the whole the proposition was combated at first on its gen
eral merits. This ground was however soon changed for that of its perpetual
duration, which was reduced first to 25 years, then to 13 years. Its adversaries
were the Speaker, Thruston, and Corbin ; they were bitter and illiberal against
Congress & the Northern States beyond example Thrustoti considered it as
problematical, whether it would not be better to encourage the British than the
Eastern marine Braxton and Smith were in the same sentiments, but absent at
this crisis of the question. The limitation of the plan to 13 years so far destroyed
its value in the judgment of its friends that they chose rather, to do nothing
than to adopt it in that form. The report accordingly remained on the table
uncalled for to the end of the Session. And on the last day the resolution
above quoted was substituted. It had been proposed by Mr. Tyler imme
diately after the miscarriage of the printed proposition, but was left on the
table till it was found that Several propositions for regulating our trade without
regard to other States produced nothing. In this extremity The resolution was
generally acceded to, not with the opposition of Corbin & Smith. The Comssr-
Jirst named were the Attorney, Dr Jones, and myself. In the House of D.,
Tucker and Smith were added, and in the Senate, Mason, Ross, and Ronald.
The last does not undertake.
1 7 86] JAMES MADISON. 219
The port bill was attacked and nearly defeated, an amendatory bill was
passed with difficulty thro' the H. of D., and rejected in the Senate. The orig
inal one will take effect before the next Session, but will probably be repealed
then. It would have been repealed at this, if its adversaries had known their
strength in time and exerted it with Judgment.
A Bill was brought in for paying British debts but was rendered so inadequate
to its object by alterations inserted by a Comitte of the whole that the patrons
of it thought it best to let it sleep.
Several petitions (from Methodists chiefly) appeared in favor of a gradual
abolition of slavery, and several from another quarter for a repeal of the law
which licences private manumissions. The former were not thrown under the
table, but were treated with all the indignity short of it. A proposition for
bringing in a Bill conformably to the latter, was decided in the affirmative by
the casting voice of the Speaker ; but the bill was thrown out on the first read
ing by a considerable majority.
A considerable itch for paper money discovered itself, though no overt
attempt was made. The partisans of the measure, among whom Mr. M. S J may
be considered as the most zealous, flatter themselves, and / fear upon too good
ground, that it will be among the measures of the next session. The unfavora
ble balance of trade and the substitution of facilities in the taxes will have dis
missed the little specie remaining among us and strengthened the common
argument for a paper meditim.
This tax was to have been collected in Sep^ last, and had been
in part actually collected in specie. Notwithstanding this and postponing
the distress of public credit, an effort was made to remit the tax the tax of the
altogether. The party was headed by Braxton, who was courting present year
an appointment into the council. On the question for a third
reading, the affirmative was carried by 52 ag^ 42. On the final -n payment
question, a vigorous effort on the negative side with a reinforce
ment of a few new members, threw the bill out. The victory however was not
obtained, without subscribing to a postponement instead of remission, and the
admission of facilities instead of Specie. The postponement too extends not
only to the tax which was under collection, and which will not now come in till
May, but to the tax of Sepr next which will not now be in the Treasury till the
beginning of next year. The wisdom of seven Sessions will be unable to
repair the mischiefs of this single act.
This was prayed for by a memorial from a Convention held
in Kentucky, and passed without opposition. It contains stipula- .c c°"~
tions in favor of territorial rights held under the laws of Vira, and erection of
suspends the actual separation on the decision of a Convention Kentucky
authorized to meet for that purpose, and on the assent of Con- into an inde-
gress. The boundary of the proposed State is to remain the
same as the present boundary of the district.
1 Meriwether Smith.
220 THE WRITINGS OF [1786
At the last Session of 1784 and act passed displacing all the
ct to militia officers, and providing for the appointm*. of experienced
amend the
Militia law men« In most counties it was carried into execution, and gener
ally much to the advantage of ye militia. In consequence of a
few petitions ag3.' the law as a breach of the Constitution, this act reverses all
the proceedings under it, and reinstates the old officers.
From the peculiar situation of that district the Escheat law was
tend the no^- originally extended to it. Its extension at this time was occa-
operation of sioned by a bill brought in by Mr. Mercer for seizing and selling
the Escheat the deeded land of the late lord Fairfax on the ground of its being
law to the devised to aliens, leaving them at liberty indeed to assert their
Neck pretensions before the Court of Appeals. As the bill however
stated the law & the fact, and excluded the ordinary inquest, in the
face of pretensions set up even by a Citizen, (Martin,) to whom it is said the re
version is given by the will, it was opposed as exerting at least a Legislative in
terference in and improper influence on the Judiciary question. It was proposed
to substitute the present act as an amendm* to the bill in a Committee of the
whole which was disagreed to. The bill being of a popular cast went thro' the
H. of D. by a great majority. In the Senate it was rejected by a greater one,
if not unanimously. The extension of the escheat law was, in consequence,
taken up and passed.
"Act for to wit, attempts to dismember the State without the consent of
cerniining the LeSislature- Xt is pointed agst the faction headed by A.
offences " C[ampbell], in the County of Washington.
Act for Complies with the requisition of Cong! for the present year, to
amending wit : 1786. It directs 512,000 dollars, the quota of this State, to
the appropri- be paid before May next the time fixed by Congress, altho it is
atmg Act. known that the postponement of the taxes renders the payment of a
shilling impossible. Our payments last year gained us a little reputation. Our
conduct this must stamp us with ignominy.
Act for Reduces that of the Govrr- from ^"1,000 to ^"800, & the others
rfg" a.tm some at a greater and some at a less proportion.
of the Civil
list.
Act for Meant chiefly to affect vacant land in the Northern Neck,
disposing of erroneously conceived to be in great quantity and of great value,
waste an s r^^e prjce js fixed at £2$ per Hundred acres, at which not an acre
on Eastern
waters. Wl11 be sold-
An act im- Amounting in the whole to 5 s. per ton.
posing addl
tonnage on
British
vessels.
1786] JAMES MADISON. 221
Nothing has been yet done with N. C. towards opening a Canal thro the
Dismal. The powers given to Commsfs on our part are renewed, and some
negociation will be brought about if possible. A certain interest in that State
is suspected of being disinclined to promote the object, notwithstanding its
manifest importance to the community at large. On Potowmack they have
been at work some time. On this river they have about eighty hands ready
to break ground, and have engaged a man to plan for them. I fear there
is a want of skill for the undertaking that threatens a waste of labour and
a discouragement to the enterprize. I do not learn that any measures have been
taken to procure from Europe the aid which ought to be purchased at any price,
and which might I should suppose be purchased at a moderate one.
I had an opportunity a few days ago of knowing that M^s Carr and her fam
ily, as well as your little daughter, were well. I am apprehensive that some im
pediments still detain your younger nephew from his destination. Peter has
been in Williamsburg, and I am told by Mr. Maury that his progress is satisfac
tory. He has read, under him, Horace, some of Cicero's Orations, Greek
testament, ^Esop's fables in Greek, ten books of Homer's Iliad, & is now
beginning Xenophon, Juvenal, & Livy. He has also given some attention to
French.
I have paid le Maire ten guineas. He will set out in about three weeks I am
told for France.. Mr. Jones has promised to collect & forward by him all such
papers as are in print and will explain the situation of our affairs to you.
Among these will be the most important acts of the Session, & the Journal
as far as it will be printed.
M* W™ Hays in sinking a well on the declivity of the Hill above the pro
posed seat of the Capitol and nearly in a line from the Capitol to Belvidere,
found about seventy feet below the surface, several large bones, apparently be
long to a fish not less than the Shark, and what is more singular, several frag
ments of potter's ware in the stile of the Indians. Before he reached these
curiosities he passed thro' about fifty feet of soft blue clay. I have not seen the
articles, having but just heard of them, & been too closely engaged ; but have
my information from the most unexceptionable witnesses who have. I am told
by Gen1 Russel of Washington County, that in sinking a Salt well in that
County he fell in with the hip bone of the incognitum, the socket of which was
about 8 inches diameter. It was very soft in the subterraneous State, but
seemed to undergo a petrefaction on being exposed to the air.
Adieu. Affec^.
Promotions. — Edward Carrington & H. Lee, Jr., added to R. H. Lee, J?
Monroe, and W™ Grayson, in the delegation to Congress.
Carter Braxton to the Council.
J1?0 Tyler to court of admiralty, in room of B. Waller, res?
prices current. — Tob°, 23^. on James River, and proportially elsewhere.
Wheat, 55 to 6s. per Bushel.
Corn, i8s to 2os. per Barrel.
Pork 28s to 30J pr Ct.
222 THE WRITINGS OF [1786
TO JAMES MONROE. MAD. MSS.
RICHMOND, Jany. 22?, 1786.
DEAR SIR, — Your favors of the 19th Decr and 7th
Jany came both to hand by yesterdays mail. The
Assembly adjourned last night after a Session of 97
days. If its importance were to be measured by a
list of the laws which it has produced, all preceding
Legislative merit would be eclipsed, the number in
this instance amounting to 114 or 115. If we recur
to the proper criterion no Session has perhaps afforded
less ground for applause. Not a single member
seems to be pleased with a review of what has passed.
I was too hasty in informing you that an amendment
of the Port bill had passed. I was led into the error
by the mistake of some who told me it had passed
the Senate when it had only been agreed to in a
Comittee of the Senate. Instead of passing it they sent
down a repeal of the old port bill by way of amend
ment. This was disagreed to by the H. of D. as in
directly originating. The Senate adhered & the bill
was lost. An attempt was then made by the adver
saries of the port measure to suspend its operation
till the end of the next Session. This also was nega
tived so that the old bill is left as it stood without al
teration. Defective as it is particularly in putting
citizens of other States on the footing of foreigners,
and destitute as it is of proper concomitant pro
visions, it was judged best to hold it fast and trust to
a succeeding Assembly for amendments. The navi
gation System for the State after having been
prepared at great length by Mr G. Baker was pro-
1786] JAMES MADISON. 223
crastinated in a very singular manner, and finally
died away of itself, without anything being done, ex
cept a short act passed yesterday in great hurry im
posing a tonnage of 55. on the vessels of foreigners
not having treated with the U. S. This failure of
local measures in the comercial line, instead of re
viving the original propositions for a general plan,
revived that of Mf Tyler for the appointment of
Comsrs to meet Comsrs from other States on the sub
ject of general regulations. It went through by a
very great majority, being opposed only by Mr M.
Smith and Mr. Corbin. The expedient is no doubt
liable to objections and will probably miscarry. I
think however it is better than nothing, and as a
recommendation of additional powers to Congress
is within the purview of the Comission it may pos
sibly lead to better consequences than at first occur.
The Comsrs first named were the attorney, Doctr W.
Jones of the Senate and myself. The importunity of
Mr. Page procured the addition of S* George Tucker
who is sensible, fcederal, and skilled in comerce, to
whom was added on the motion of I know not whom
M- M. Smith, who is at least exceptionable in the
second quality having made unceasing war during
the Session agst the idea of bracing the federal
system. In the Senate a further addition was made
of Col. Mason Mr. D. Ross and Mr. Ronald. The
name of the latter was struck out at his desire. The
others stand. It is not unlikely that this multitude
of associates will stifle the thing in its birth. By
some it was probably meant to do so. I am glad to
224 THE WRITINGS OF [1786
find that Virginia has merit where you are and should
be more so if I saw greater reason for it. The bill
which is considered at N. Y. as a compliance with the
requisitions of Cong5, is more so in appearance than
reality. It will bring no specie into the Treasy and
but little Continental paper. Another act has since
passed which professes to comply more regularly with
the demand of Cong? but this will fail as to specie and
as to punctuality. It will probably procure the indents
called for, and fulfils the views of Cong5 in making
those of other States receivable into our Treasy.
Among the acts passed since my last I must not omit
an economical revision of the Civil list. The saving
will amount to 5 or 6000 pounds. The Govr was
reduced by the H. of D. to ,£800, to which the
Senate objected. Which receded I really forget.
The Council to ^2000, the Attorney to ^"200, Regis
ter from ,£1,100 to ,£800, Auditors & Solicitor from
^4 to 300, Speaker of H. of D. to 40^. per day in
cluding daily pay as a member & of Senate to 2os,
&c. ; Delegates to Cong5 to 6 dollars per day. The
act however is not to commence till November next.
I mentioned in my last the propriety of addressing
your future letters to Orange.
TO THOMAS JEFFERSON. MAD. MSS.
Virga ORANGE, March i8th, 1786.
DEAR SIR, — Your two favours of the i & 20 Sepr,
under the same cover by Mr Fitzhugh did not come
to hand till the 24th ult; and of course till it was too
1786] JAMES MADISON. 225
late for any Legislative interposition with regard to
the Capitol. I have written to the Attorney on the
subject. A letter which I have from him dated prior
to his receipt of mine takes notice of the plan you had
promised and makes no doubt that it will arrive in
time for the purpose of the Commissioners. I do not
gather from his expressions however that he was
aware of the change which will become necessary in
the foundation already laid ; a change which will not
be submitted to without reluctance for two reasons,
i. the appearance of caprice to which it may expose
the Commissioners. 2. which is the material one,
the danger of retarding the work till the next Session
of Assembly can interpose a vote for its suspension,
and possibly for a removal to Williamsburg. This
danger is not altogether imaginary. Not a Session
has passed since I became a member without one or
other or both of these attempts. At the late Session
a suspension was moved by the Williamsburg In
terest, which was within a few votes of being agreed
to. It is a great object therefore with the Richmond
Interest to get the building so far advanced before
the fall as to put an end to such experiments. The
circumstances which will weigh in the other scale, and
which it is to be hoped will preponderate, are, the
fear of being reproached with sacrificing public con
siderations to a local policy, and a hope that the
substitution of a more economical plan, may bet
ter reconcile the Assembly to a prosecution of the
Undertaking.
Since I have been at home I have had leisure to
VOL. II.— 14.
226 THE WRITINGS OF 1786]
review the literary cargo for which I am so much in
debted to your friendship. The collection is perfectly
to my mind. I must trouble you only to get two little
mistakes rectified. The number of Vol. in the En
cyclopedic corresponds with your list, but a duplicate
has been packed up of Tom. iere partie of Histoire
Naturelle, Quadrupedes, premiere livraison, and there
is left out the 2d part of the same Tom. which as ap
pears by the Avis to the ist livraison makes the Ist
Tome of Histoire des oiseaux, as well as by the His
toire des oiseaux sent, which begins with Tom. II ire
partie, and with the letter F from the Avis to the
sixth livraison I infer that the vol. omitted made
part of the 5me livraison. The duplicate vol. seems
to have been a good deal handled and possibly be
longs to your own sett. Shall I keep it in my hands,
or send it back ? The other mistake is an omission
of the 4th vol. of D'Albon sur Finteret de plusieurs
nations, &c. The binding of the three vols which are
come is distinguished from that of most of the other
books by the circumstance of the figure on the back
numbering the vols being on a black instead of a red
ground. The author's name above is on a red ground.
I mention these circumstances that the binder may
supply the omitted volume in proper uniform. I
annex a state of our account balanced. I had an
opportunity a few days after your letters were recd of
remitting the balance to the hands of Mr.s Carr with
a request that it might be made use of as you direct
to prevent a loss of time to her sons from occasional
disappointments in the stated funds. I have not yet
1786] JAMES MADISON. 227
heard from the Mr Fitzhughs on the subject of your
advance to them. The advance to Le Maire had been
made a considerable time before I received your
countermanding instructions. I have no copying
press, but must postpone that conveniency to other
wants which will absorb my little resources. I am
fully apprized of the value of this machine and mean
to get one when I can better afford it, and may have
more use for it. I am led to think it wd be a very
economical acquisition to all our public offices which
are obliged to furnish copies of papers belonging to
them.
A Quorum of the deputies appointed by the Assem
bly for a commercial convention had a meeting at Rich
mond shortly after I left it, and the Attorney tells me,
it has been agreed to propose Annapolis, for the place,
and the first monday in Sepr for the time of holding
the Convention. It was thought prudent to avoid the
neighborhood of Congress, and the large Comercial
towns, in order to disarm the adversaries to the object,
of insinuations of influence from either of these quar
ters. I have not heard what opinion is entertained
of this project at New York, nor what reception it
has found in any of the States. If it should come to
nothing, it will, I fear confirm G. B. and all the world
in the belief that we are not to be respected, nor ap
prehended as a nation in matters of commerce. The
States are every day giving proofs that separate regu
lations are more likely to set them by the ears, than
to attain the common object. When Massts set on
foot a retaliation of the policy of G. B. Connecticut
228 THE WRITINGS OF [1786
declared her ports free. N. Jersey served N. York
in the same way. And Delaware I am told has lately
followed the example, in opposition to the commercial
plans of Penna. A miscarriage of this attempt to
unite the States in some effectual plan, will have an
other effect of a serious nature. It will dissipate
every prospect of drawing a steady revenue from our
imposts either directly into the federal treasury, or
indirectly thro' the treasuries of the Commercial
States, and of consequence the former must depend
for supplies solely on annual requisitions, and the
latter on direct taxes drawn from the property of the
Country. That these dependencies are in an alarm
ing degree fallacious is put by experience out of all
question. The payments from the States under the
calls of Congress have in no year borne any propor
tion to the public wants. During the last year, that
is from Novr, 1784, to Novr 1785, the aggregate pay
ments, as stated to the late Assembly fell short of
400,000 dollrs, a sum neither equal to the interest due
on the foreign debts, nor even to the current expences
of the federal Government. The greatest part of
this sum too went from Virga, which will not supply
a single shilling the present year. Another unhappy
effect of a continuance of the present anarchy of our
commerces will be a continuance of the unfavorable
balance on it, which by draining us of our metals
furnishes pretexts for the pernicious substitution of
paper money, for indulgences to debtors, for postpone
ments of taxes. In fact most of our political evils
may be traced up to our commercial ones, as most of
1786] JAMES MADISON. 229
our moral may to our political. The lessons which
the mercantile interests of Europe have received from
late experience will probably check their propensity
to credit us beyond our resources, and so far the evil
of an unfavorable balance will correct itself. / But the
Merchants of G. B. if no others will continue to credit
us at least as far as our remittances can be strained,
and that is far enough to perpetuate our difficulties
unless the luxurious propensity of our own people can
be otherwise checked. This view of our situation
presents the proposed Convention as a remedial ex
periment which ought to command every assent ; but
if it be a just view it is one which assuredly will not
be taken by all even of those whose intentions are
good. I consider the event therefore as extremely
uncertain, or rather, considering that the States must
first agree to the proposition for sending deputies,
that these must agree in a plan to be sent back to the
States, and that these again must agree unanimously
in a ratification of it. I almost despair of success. It
is necessary however that something should be tried
& if this be not the best possible expedient, it is the
best that could possibly be carried thro' the Legis
lature here. And if the present crisis cannot effect
unanimity, from what future concurrence of circum
stances is it to be expected ? Two considerations
particularly remonstrate against delay. One is the
danger of having the same 1 game played on our Con
federacy by which Philip managed that of the Grecians.
I saw end during the late Assembly of the influence
1 Cypher for italics.
23o THE WRITINGS OF [1786
of the desperate circumstances of individuals on their
pttblic conduct to admonish me of the possibility of
finding in the council of some one of the States Jit instrii-
ments of foreign machinations. The other consider
ation is the probability of an early increase of the
confederated States, which more than proportionally
impede measures which require unanimity, as the new
members, may bring sentiments and interests less con
genial with those tf/the Atlantic States than those of
the latter are one with another.
The price of our staple is down at 22s. at Richmond.
One argument for putting off the taxes was that it
would relieve the planters from the necessity of sell
ing, & would enable them to make a better bargain
with the purchasers. The price has notwithstanding
been falling ever since. How far the event may have
proceeded from a change in the Market of Europe I
know not. That it has in part proceeded from the
practice of remitting and postponing the taxes may
I think be fairly deduced. The scarcity of money
must of necessity sink the price of every article, and
the relaxation in collecting the taxes, increases this
scarcity by diverting the money from the public
Treasury to the shops of Merchandize. In the former
case it would return into circulation. In the latter it
goes out of the Country to balance the increased con
sumption. A vigorous and steady collection of taxes
would make the money necessary here and would
therefore be a mean of keeping it here. In our situa
tion it would have the salutary operation of a sumpt
uary law. The price of Indian Corn in this part of
1786] JAMES MADISON. 231
the Country which produced the best crops is not
higher than 2 dollrs per barr1. It would have been
much higher but for the peculiar mildness of the win
ter. December and Jany scarcely reminded us that it
was winter. February, though temperate, was less
unseasonable. Our deepest snow (about 7 inches)
was in the present month. I observe the tops of the
blue ridge still marked with its remains. My last was
dated January 22, and contained a narrative of the
proceedings of the Assembly. I shall write you again
as soon as the subject & opportunity occur, remain
ing in the mean time
Yr affecte friend
Dr to T. J. livs sols Crecf
1785 Sep! i To am' of books, &c 1164 — 3 drs livs sols
By balance Stated by T. J. 77! 407—15
By advance to lemaire 10 Guns 234
drs
By d° for 6 Copies Revisal at 2^ 81
722—15
*By ^25 Va Cy remitted to Mrs C. . .441— 8
1 1 64—3
* ^25 I discover exceeds the sum extended a few
livres which may be carried into the next Ace* if it
be thought worth while.
TO JAMES MONROE. MAD. MSS.
ORANGE igth March 1786
DEAR SIR, — I am just favored with yours of the 1 1
& 1 6 of Feby. A newspaper since the date of the
232 THE WRITINGS OF [1786
latter has verified to me your inauguration into the
mysteries of Wedlock, of which you dropped a pre
vious hint in the former.1 You will accept my sin-
cerest congratulations on this event, with every wish
for the happiness it promises. I join you cheerfully
in the purchase from Taylor, as preferably to taking
it wholly to myself. The only circumstance I regret
is that the first payment will rest with you alone,
if the conveyance should be accelerated. A few
months will elapse inevitably before I shall be able
to place on the spot my half of the sum but the day
shall be shortened as much as possible. I accede also
fully to your idea of extending the purchase in that
quarter. Perhaps we may be able to go beyond the
thousand acres you have taken into view. But ought
we not to explore the ground before we venture too
far?* proximity of situation is but presumptive evi
dence of the quality of soil. The value of land de
pends on a variety of little circumstances which can
v only be judged of from inspection, and a knowledge
of which gives a seller an undue advantage over an
uninformed buyer. Can we not about the last of
May or June take a turn into that district, I am in a
manner determined on it myself. It will separate
you but for a moment from New York, and may give
us lights of great consequence. I have a project in
my head which if it hits your idea and can be effected
1 " If you visit this place shortly I will present you to a young lady who will
be adopted a citizen of Virg? in the course of this week." Monroe to Madison,
February n, 1786. — Writings of Monroe, i., 123.
2 Madison and Monroe bought lands in the Mohawk Valley on a speculation.
They desired Jefferson to join in the enterprise but he did not accept.
Apparently no money was made in the transaction.
1786] JAMES MADISON. 233
may render such an excursion of decisive value to us.
I reserve it for oral communication.
" The Question of policy," you say, " is whether it
will be better to correct the vices of the Confedera
tion by recommendation gradually as it moves along,
or by a Convention. If the latter should be determined
on, the powers of the Virga Comsrs are inadequate."
If all on whom the correction of these vices depends
were well informed and well disposed, the mode
would be of little moment. But as we have both
ignorance and iniquity to combat, we must defeat the
designs of the latter by humouring the prejudices of
the former. The efforts for bringing about a correc
tion thro' the medium of Congress have miscarried.
Let a Convention then, be tried. If it succeeds in the
first instance, it can be repeated as other defects force
themselves on the public attention, and as the public
mind becomes prepared for further remedies. The
Assembly here would refer nothing to Congress.
They would have revolted equally against a plenipo
tentiary commission to their deputies for the Conven
tion. The option therefore lay between doing what
was done and doing nothing. Whether a right choice
was made time only can prove. I am not in general
an advocate for temporizing or partial remedies. But
a rigor in this respect, if pushed too far may hazard
everything. If the present paroxysm of our affairs be
totally neglected our case may become desperate. If
anything comes of the Convention it will probably be
of a permanent not a temporary nature, which I think
will be a great point. The mind feels a peculiar
234 THE WRITINGS OF [1786
complacency in seeing a good thing done when it is not
subject to the trouble & uncertainty of doing it over
again. The commission is to be sure not filled to
every man's mind. The History of it may be a sub
ject of some future tete a tete. You will be kind
enough to forward the letter to Mr Jefferson and to
be assured that I am with the sincerest affection
yf friend & serv'
TO JAMES MONORE. MAD. MSS.
ORANGE April gth, 1786.
DEAR SIR, — I am favoured with yours of the i8th of
March. My last answered your preceding one re
lating to your territorial speculation. I hope it has
been recd. I forgot to intimate to you, though I pre
sume it would have been superfluous, that it will be
well in every purchase to ascertain by information as
far as possible, the proportion of land which lies on the
river and comes within the description of low grounds.
The value of every tract depends much on this pro
portion. The contiguous upland is I believe generally
of good soil, but there must be both degrees & excep
tions to its quality. The low grounds are in a manner
uniformly & universally good. The step taken by N.
Jersey was certainly a rash one, and will furnish fresh
pretexts to unwilling States for withholdg their contri
butions.1 In one point of view however it furnishes a
1 "Jersey having taken into consideration the late requisition, the house of dele
gates resolv'd that having enter'd into the confederation upon terms highly dis-
advantagous to that state, from the necessity of public Aff!fs at the time, and a
confidence that those points in which they were aggriev'd wo*? be remedied and
1786] JAMES MADISON, 235
salutary lesson. Is it possible with such an example be
fore our eyes of impotency in the federal system, to re
main sceptical with regard to the necessity of infusing
more energy into it?/ A Government cannot long stand
which is obliged in the ordinary course of its adminis
tration to court a compliance with its constitutional
acts, from a member not of the most powerful order,
situated within the immediate verge of authority, and
apprised of every circumstance which should remon
strate against disobedience. The question whether it
be possible and worth while to preserve the Union of
the States must be speedily decided some way or
other. Those who are indifferent to its preservation
would do well to look forward to the consequences of
its extinction. The prospect to my eye is a gloomy
one indeed. I am glad to hear that the opposition to
the impost is likely to be overcome. It is an encourage
ment to persevere in good measures. I am afraid
at the same time that like other auxiliary resources it
will be overrated by the States, and slacken the
regular efforts of taxation. It is also materially short
of the power which Congress ought to have with re
gard to Trade. It leaves the door unshut agst acom-
ercial warfare among the States, our trade exposed
to foreign machinations, and the distresses of an un
favorable balance very little checked. The experi
ence of European Merchts who have speculated in
our trade will probably check in a great measure, our
finding this was not the case and a compact founded in such unequal principles
likely, by their acquiescence to be fetter'd on them, they wo1? not therefore com
ply with the same until their grievances were redress'd." — Monroe to Madison,
March 19, 1786. — Writings of Monroe, i., 124.
236 THE WRITINGS OF [1786
opportunities of consuming beyond our resources ; but
they will continue to credit us as far as our coin in addi
tion to our productions will extend, and our experience
here teaches us that our people will extend their con
sumption as far as credit can be obtained. /
TO THOMAS JEFFERSON. MAD. MSS.
ORANGE May i2th, 1786.
DEAR SIR, — My last was of March 18, since which I have been
favored with yours of the 8 and 9th of Feby. Bancroft's applica
tion in favour of Paridise inclosed in the latter shall be attended
to as far as the case will admit ; though I see not how any relief
can be obtained. If Mr. P stands on the list of foreign creditors
his agent here may probably convert his Securities into money with
out any very great loss, as they rest on good funds, and the principal
is in a course of payment. If he stands on the domestic list as I
presume he does, the interest only is provided for, and since the
postponement of the taxes even that cannot be negociated without
a discount of 10 per C-, at least. The principal cannot be turned
into cash without sinking j of its amount.
Your notes ' having got into print in France will inevitably be
translated back & published in that form, not only in England but
in America, unless you give out the original. I think therefore you
owe it not only to yourself, but to the place you occupy & the sub
jects you have handled, to take this precaution. To say nothing
of the injury which will certainly result to the diction from a trans
lation first into French & then back into English, the ideas
themselves may possibly be so perverted as to lose their propriety.
The books which you have been so good as to ford to me are so
well assorted to my wishes that no suggestions are necessary as to
your future purchases. A copy of the old edition of the Encyclo
pedia is desirable for ye reasons you mention, but as I should
gratify my desire in this particular at the expense of something else
1 On Virginia.
1786] JAMES MADISON. 237
which I can less dispense with, I must content myself with the new
Edition for the present. The watch I bought in Philada, though
a pretty good one, is probably so far inferior to those of which you
have a sample, that I cannot refuse your kind offer to procure me.
one of the same sort ; and I am fancying to myself so many little
gratifications from the pedometer that I cannot forego that addition.
The inscription for the Statue is liable to Houdon's criticism,
and is in every respect inferior to the substitute which you have
copied into your letter.1 I am apprehensive notwithstanding that
no change can be effected. The Assembly will want some proper
ground for resuming the matter. The devices for the other side
of the pedestal are well chosen, and might I should suppose be ap
plied without scruple as decorations of the artist. I counted my
self on the addition of proper ornaments, and am persuaded that
such a liberty could give offence nowhere. The execution of your
hints with regard to the z Marquis & Rochambeau would be no less
pleasing to me than to you. I think with you also that the setting
up the busts of our own worthies would not be doing more honour
to them than to ourselves. I foresee however the difficulty of over
coming the popular objection against every measure which involves
expence, particularly where the importance of the measure will be
felt by a few only ; and an unsuccessful attempt would be worse
than no attempt. I have heard nothing as to the Capitol. I men
tioned to you in my last that I had written to the Attorney on the
subject. I shall have an opportunity shortly of touching on it
again to him.
A great many changes have taken place in the late elections.
The principal acquisitions are Col. G. Mason who I am told was
pressed into the service at the instigation of Gen1 Washington,
1 " ' Behold, Reader, the form of George Washington. For his worth, ask
History ; that will tell it, when this stone shall have yielded to the decays of
time. His cuntry erects this monument : Houdon makes it.' This for one
side. On the 2d represent the evacuation of Boston with the motto ' Hostibus
primum fugatis.' On the 3d the capture of the Hessians with ' Hostibus
iterum devictis.' On the 4*h the surrender of York, with ' Hostibus ultimum
deballatis.'"— Jefferson to Madison, February 8,1786. — Writings of Jefferson,
iv. , 195. Fortunately the unpretentious inscription required by Virginia was
adhered to.
2 Italics for cypher.
238 THE WRITINGS OF [1786
Gen1 Nelson, Mann Page. In Albemarle both the old ones de
clined the task. Their successors are George & Jno Nicholas.
Col. Carter was again an unsuccessful candidate. I have not heard
how Mr. Harrison has shaped his course. It was expected that
he would stand in a very awkward relation both to Charles City &
to Surrey, and would probably succeed in neither. Monroe lost
his election in King George by 6 votes. Mercer did his by the
same number in Stafford. Neither of them were present, or they
would no doubt have both been elected. Col. Bland is also to be
among us. Among the many good things which may be expected
from Col. Mason we may reckon perhaps an effort to review our
Constitution. The loss of the Port bill will certainly be one con
dition on which we are to receive his valuable assistance. I am
not without fears also concerning his federal ideas. The last time
I saw him he seemed to have come about a good deal towards the
policy of giving Cong5 the management of Trade. But he has been
led so far out of the right way, that a thorough return can scarcely
be hoped for. On all the other great points, the Revised Code, the
Assize bill, taxation, paper money, &c., his abilities will be ines
timable. Most if not all the States except Maryld, have appointed
deputies for the proposed Convention at Annapolis. The refusal
of Maryland to appoint proceeded as I am informed by Mr. Dan
Carroll, from a mistaken notion, that the measure would derogate
from the authority of Congress, and interfere with the Revenue
system of April 1783, which they have lately recomended anew
to the States. There is certainly no such interference, and instead
of lessening the authority of Congress, the object of the Conven
tion is to extend it over commerce. I have no doubt that on a
reconsideration of the matter it will be viewed in a different light.
The internal situation of this State is growing worse & worse. Our
specie has vanished. The people are again plunged in debt to the
Merchants, and these circumstances added to the fall of Tob°
in Europe & a probable combination among its chief purchasers
here, have reduced that article to 2os. The price of Corn is in
many parts of the Country, at 2os. and upwards per barr1. In this
part it is not more that i$s. Our Spring has been a cool & latterly
a dry one, of course it is a backward one. The first day of april
was the most remarkable ever experienced in this climate. It
1786] JAMES MADISON. 239
snowed & hailed the whole day in a storm from N. E., and the.
Thermr stood at 4 o'C. P. M. at 26°. If the snow had fallen in the
usual way it would have been 8 or 10 inches deep at least, but con
sisting of small hard globules mixed with small hail, & lying on
the ground so compact & firm as to bear a man, it was less than
half of that depth. We hear from Kentucky that the inhabitants
are still at variance with their savage neighbours. In a late skir
mish several were lost on both sides. On that of the whites Col.
W. Christian is mentioned. It is said the scheme of independence
is growing unpopular since the Act of our Assembly has brought
the question fully before them. Your Nephew, D Carr, has been
some time at the Academy in Prince Edward. The President,
Mr. Smith, speaks favorably of him.
With the sincerest affection, I remain, Dr Sir your friend &
servant.
P. S. I have taken measures for securing the Paccan nuts &
the seed of the Sugar Tree. Are there no other things here
which would be acceptable on a like account ? You will withhold
from me a real pleasure if you do not favor me with your com
mands freely. Perhaps some of our animal curiosities would enable
you to gratify particular characters of merit. I can without diffi
culty get the skins of all our comon and of some of our rarer quad
rupeds, and can have them stuffed if desired. It is possible, also,
that I may be able to send some of them alive. I lately had on
hand a female opossum with 7 young ones, which I intended to
have reared for the purpose partly of experiments myself and
partly of being able to forward some of them to you in case of an
opporty, and your desiring it. Unfortunately they have all died.
But I find they can be got at any time almost in the Spring of the
year, and if the season be too far advanced now, they may cer
tainly be had earlier in the next Spring. I observe that in your
notes you number the fallow & Roe-deer among the native quad
rupeds of America. As Buffon had admitted the fact, it was
whether true or erroneous, a good argument no doubt against him.
But I am persuaded they are not natives of the new continent.
Buffon mentions the Chevruil in particular as abounding in
Louisiana. I have enquired of several credible persons who have
24o THE WRITINGS OF [1786
traversed the Western woods extensively and quite down to New
Orleans, all of whom affirm that no other than our common deer
are any where seen. Nor can I find any written evidence to the
contrary that deserves notice. You have I believe justly con
sidered our Monax as the Marmotte of Europe. I have lately
had an opportunity of examining a female one with some atten
tion. Its weight, after it had lost a good deal of blood, was 5 |- Ibs.
Its dimensions, shape, teeth, and structure within as far as I could
judge corresponded in substance with the description given by
D'Aubenton. In sundry minute circumstances a precise corre
spondence was also observable. The principal variations were i,
in the face, which was shorter in the Monax than in the propor
tions of the Marmotte, and was less arched about the root of the
nose. 2, in the feet, each of the forefeet having a fifth nail, about
\ of an inch long growing out of the inward side of the heel, with
out any visible toe. From this particular it would seem to be the
Marmotte of Poland, called the Bobac, rather than the Alpine
Marmotte. 3, in the teats, which were 8 only. The marmottein
Buffon had 10. 4th, in several circumstances of its robe ; particu
larly of that of the belly, which consisted of a short coarse thin
hair, whereas this part of Buffon's marmotte was covered with a
thicker fur than the back, &c. A very material circumstance in
the comparison remains to be ascertained. The European Mar
motte is in the class of those which are dormant during the winter.
No person here of whom I have enquired can decide whether this
be a quality of the Monax. I infer that it is of the dormant class
not only from its similitude to the Marmotte in other respects, but
from the sensible coldness of the Monax I examined, compared
with the human body, altho the vital heat of quadrupeds is said in
general to be greater than that of man. This inferiority of heat
being a characteristic of animals which become torpid from cold,
I should consider it as deciding the quality of y? Monax in this
respect, were it not that the subject of my examination, tho it re
mained alive several days in my hands was so crippled and appar
ently dying the whole time that its actual heat could not fairly be
taken for the degree of its natural heat. If it had recovered I had
intended to have made a trial with the Thermometer. I now pro
pose to have if 1 can one of their habitations discovered during
1 7 86] JAMES MADISON. 241
the summer, and to open it on some cold day next winter. This
will fix the matter. There is another circumstance which belongs
to a full comparison of the two animals. The Marmotte of Europe
is said to be an inhabitant of the upper region of mountains only.
Whether our Monax be confined to mountainous situations or not
I have not yet learnt. If it be not found as a permanent inhabi
tant of the level Country, it certainly descends occasionally into
the plains which are in the neighborhood of mountains. I also
compared a few days ago one of our moles (male) with the male
one described in Buffon. It weighed 2OZ n pents. Its length the
end of its snout to the root of the tail was 5 inch 3 lines, English
measure. That described in Buffon was not weighed I believe.
Its length was 5 inch french measure. The external and inter
nal correspondence seemed to be too exact for distinct species.
There was a difference nevertheless in two circumstances, one of
which is not unworthy of notice, and the other of material con
sequence in the comparison. The first difference was in the tail,
that of the mole here being ioj- English lines only in the length,
and naked, whereas that of Buffon's mole was 14 French lines in
length and covered with hair. If the hair was included in the
latter measure, the difference in the length ought scarcely to be
noted. The second difference lay in the teeth. The mole in Buf
fon had 44. That which I examined had but 33. One of those
on the left side of the upper Jaw, and next to the principal cutters,
was so small as to be scarcely visible to the natural eye, and had
no corresponding tooth on the opposite side. Supposing this de
fect of a corresponding tooth to be accidental, a difference of ten
teeth still remains. If these circumstances should not be thought
to invalidate the identity of species, the mole will stand as an ex
ception to the Theory which supposes no animal to be common to
the two Continents, which cannot bear the cold of the region
where they join ; since according to Buffon this species of mole is
not found " dans les climats froids ou la terre est gelee pendant
la plus grande partie de 1'annee," and it cannot be suspected of
such a Journey during a short summer as would head the sea which
separates the two Continents. I suspect that several of our quad
rupeds which are not peculiar to the new Continent will be found
to be exceptions to this Theory, if the mole should not. The
VOL. II.— 16.
242 THE WRITINGS OF [1786
Marmotte itself, is not an animal taken notice of very far to the North,
and as it moves slowly, and is deprived of its locomotive powers
altogether by cold cannot be supposed to have travelled the road
which leads from the old to the New World. It is perhaps ques
tionable whether any of the dormant animals, if any such be really
comon to Europe & America, can have emigrated from one to the
other. I have thought that the cuts of the Quadrupeds in Buffon,
if arranged in frames, would make both an agreeable and instruc
tive piece of wall furniture. What would be about the cost of them
in such a form ? I suppose they are not to be had coloured to the
life, and would besides be too costly. What is the price of Buf-
fon's birds, colored ?
Your letter of 28 October has never come to hand.
TO JAMES MONROE. MAD. MSS.
ORANGE May 13*, 1786
DEAR SIR, — I was favored a few days ago with
yours of the 28th ult. I am under great obligations
for your kindness in the affair with Taylor. My late
letters will have informed you of my washes that you
may fully partake of the bargain entered into already,
as well as every future adventure in that quarter.
The encouragement you give me to expect your
company has in a manner determined me to encounter
a journey as soon as I can conveniently make pre
paration for it. I am the rather induced to do it as I
shall be the more able by that means to accelerate a
repayment of your kind advances, having some little
resources in Philad? of wc.h I must avail myself for
that purpose. My next will probably tell you when I
shall be able to set out.
I think, with you, that it would have an odd ap-
i786] JAMES MADISON. 243
pearance for two Conventions to be sitting at the same
time, with powers in part concurrent. The reasons
you give seem also to be valid against augmenting
the powers of that which is to meet at Annapolis. I
am not surprized therefore at the embarrassment of
Congress in the present conjuncture. Will it not be
best on the whole to suspend measures for a more
thorough cure of our federal system, till the partial
experiment shall have been made. If the spirit of the
Conventioners should be friendly to the Union, and
their proceedings well conducted, their return into the
Councils of their respective States will greatly facili
tate any subsequent measures which may be set on
foot by Congress, or by any of the States.
Great changes have taken place in the late elec
tions. I regret much that we are not to have your
aid. It will be greatly needed I am sure. Mercer it
seems lost his election by the same number of votes
as left you out. He was absent at the time or he
would no doubt have been elected. Have you seen
his pamphlet ? You will have heard of the election
of Col. Mason, Gen1 Nelson, Mann Page, G. Nicholas,
Jn° Nicholas, & Col. Bland. Col. Mason will be an
inestimable acquisition on most of the great points.
On the port bill he is to be equally dreaded. In
fact I consider that measure as lost almost at any
rate. There was a majority agf1 it last session if
it had been skilfully made use of. To force the
trade to Norfolk & Alexandria, without preparations
for it at those places, will be considered as injurious.
And so little ground is there for confidence in the
244 THE WRITINGS OF [1786
stability of the Legislature that no preparations will
ever be made in consequence of a preceding law.
The transition must of necessity therefore be at any
time abrupt and inconvenient. I am somewhat ap
prehensive, likewise, that Col. Mason may not be
fully cured of his anti-federal prejudices.
We hear from Kentucky that the Savages continue
to disquiet them. Col. W. Christian it is said lately
lost his life in pursuing a few who had made an inroad
on the settlement. We are told too that the proposed
separation is growing very unpopular among them.
I am Dr Sir with great affection
Yr friend & Servt
Pray forward the herewith inclosed to Mr J. I
sent one for him about the last of March which I hope
you recd & put into the proper channel
TO JAMES MONROE. MAD. MSSi
ORANGE June 4th, 1786.
DEAR SIR, — At the date of my last I expected I
should by this time have been on the journey which
promises the pleasure of taking you by the hand in
New York. Several circumstances have produced a
delay in my setting out which I did not calculate
upon, and which are like to continue it for eight or
ten days to come. My journey will also be rendered
tedious by the route which I shall pursue. I have
some business which makes it expedient for me to take
Winchester & Lancaster in my way, and some duties of
consanguinity which will detain me some days in the
1786] JAMES MADISON. 245
neighborhood of the former. If I have an oppor
tunity I will write you again before I set out and if I
should not I will do it : immediately on my reaching
Philada. You will not write after the receipt of this.
I imagine you get from Mr. Jones better infor
mation as to the back country as well as concerning
our more immediate affairs than I can give you. The
death of Christian seems to be confirmed. The dis
inclination of Kentucky to a separation is also repeated
with strong circumstances of probability. Our staple
continues low. The people have got in debt to the
merchts, who set their own price of course. There
are perhaps other causes also besides the fall of the
market in Europe which of itself does not explain the
matter. One of them may be the scarcity of money
which is really great. The advocates for paper
money are making the most of this handle. I begin
to fear exceedingly that no efforts will be sufficient
to parry this evil. The election of Col. Mason is the
main counterpoise for my hopes against the popular
cry. Mann Page & Gen1 Nelson will also I flatter
myself be valuable fellow labourers. Our situation is
truly embarrassing. It cannot perhaps be affirmed
that there is gold & silver eno' in the Country to pay
the next tax. What then is to be done ? Is there
any other alternative but to emit paper or to postpone
the collection ? These are ye questions which will
be rung in our ears by the very men whose past
measures have plunged us into our difficulties. But
I will not plague you with our difficulties here. You
have enough of them, I am sure where you are.
246 THE WRITINGS OF [1786
Present my best respects to Col. Grayson & your other
colleagues & believe me to be, your's affectionately.
TO THOMAS JEFFERSON. MAD. MSS.
ORANGE June ig11? 1786
DEAR SIR, — Since my last which was of the 18* of May I have
rec? your very agreeable favor of the 28th of Octobr. I began to
fear it had miscarried. Your reflections on the idle poor of
Europe,1 form a valuable lesson to the Legislators of every
1 " FONTAINEBLEAU Oct. 2S. 1785.
*********
" as soon as I had got clear of the town I fell in with a poor woman walk
ing at same rate with myself & going the same course, wishing to know the
condition of the labouring poor I entered into conversation with her, which I
began by enquiries for the path which would lead me into the mountain : &
thence proceeded to enquiries into her vocation, condition & circumstance, she
told me she was a daylabourer, at 8 sous or 4"? sterling the day : that she had
two children to maintain, & to pay a rent of 30 livres for her home, (which
would consume the hire of 75 days) that often she could get no emploiment,
and of course was without bread, as we had walked together near a mile & she
had so far served me as a guide, I gave her, on parting, 24 sous, she burst into
tears of a gratitude which I could perceive was unfeigned, because she was un
able to utter a word, she had probably never before received so great an aid.
this little attendrissement, with the solitude of my walk led me into a train of
reflections on that unequal division of property which occasions the numberless
instances of wretchedness which I had observed in this country & is to be ob
served all over Europe, the property of this country is absolutely concentered
in a very few hands, having revenues of from half a million of guineas a year
downwards, these employ the flower of the country as servants, some of them
having as many as 200 domestics, not labouring, they employ also a great
number of manufacturers, & tradesmen, & lastly the class of labouring hus
bandmen, but after all these comes the most numerous of all the classes, that
is, the poor who cannot find work. I asked myself what could be the reason
that so many should be permitted to beg who are willing to work, in a country
where there is a very considerable proportion of uncultivated lands? these
lands are kept idle mostly for the sake of game, it should seem then that it
must be because of the enormous wealth of the proprietors which places them
above attention to the increase of their revenues by permitting these lands to
1786] JAMES MADISON. 247
Country, and particularly of a new one. I hope you will enable
yourself before you return to America to compare with this
description of people in France the condition of the indigent
part of other communities in EuroDgLJarhere the like causes of
wretchedness exist in a less degree./ I have no doubt but that
the misery of the lower classes will be found to abate wherever
the Government assumes a freer aspect, & the laws favor a sub
division of property, yet I suspect that the difference will not
fully account for the comparative comfort of the mass of people
in the United States. Our limited population has probably as
large a share in producing this effect as the political advantages
which distinguish us. A certain degree of misery seems insepar
able from a high degree of populousness. If the lands in Europe
which are now dedicated to the amusement of the idle rich, were
parcelled out among the idle poor, I readily conceive the happy
revolution which would be experienced by a certain proportion
of the latter. But still would there not remain a great proportion
unrelieved? No problem in political ceconomy has appeared to
me more puzzling than that which relates to the most proper
be laboured.' I am conscious that an equal division of property is impracti
cable, but the consequences of this enormous inequality producing so much
misery to the bulk of mankind, legislators cannot invent too many devices for
sub-dividing property, only taking care to let their sub divisions go hand in
hand with the natural affections of the human mind, the descent of property of
every kind therefore to all the children, or to all the brothers & sisters, or
other relations in equal degree is a politic measure, and a practicable one.
another means of silently lessening the unequality of property is to exempt all
from taxation below a certain point, & to tax the higher portions of property in
geometrical progression as they rise. Whenever there is in any country, un
cultivated lands and unemployed poor, it is clear that the laws of property have
been so far extended as to violate natural right, the earth is given as a common
stock to man to labour & live on. if, for the encouragement of industry we
allow it to be appropriated, we must take care that other employment be per
mitted to those excluded from the appropriation, if we do not the fundamental
right to labour the earth returns to the unemployed, it is too soon yet in our
country to say that every man who cannot find employment but who can find
uncultivated land, shall be at liberty to cultivate it, paying a moderate rent,
but it is not too soon to provide by every possible means that as few as possible
shall be without a little portion of land, the small land holders are the most
precious part of a state." — Jefferson to Madison, Mad. MSS. /
248 THE WRITINGS OF [1786
distribution of the inhabitants of a country fully peopled.1 Let the
lands be shared among them ever so wisely, & let them be sup
plied with labourers ever so plentifully ; as there must be a great
surplus of subsistence, there will also remain a great surplus of
inhabitants, a greater by far than will be employed in cloathing
both themselves & those who feed them, and in administering to
both, every other necessary & even comfort of life. What is to
be done with this surplus ? Hitherto we have seen them dis
tributed into manufactures of superfluities, idle proprietors of
productive lands, domestics, soldiers, merchants, mariners, and a
few other less numerous classes. All these classes notwithstand
ing have been found insufficient to absorb the redundant mem
bers of a populous society ; and yet a reduction of most of those
classes enters into the very reform which appears so necessary &
desirable. From a more equal partition of property, must result
a greater simplicity of manners, consequently a less consumption
of manufactured superfluities, and a less proportion of idle pro
prietors & domestics. / From a juster Government must result less
need of soldiers either for defence ags- dangers from without, or
disturbances from within. The number of merchants must be
inconsiderable under any modification of Society ; and that of
mariners will depend more on geographical position, than on the
plan of legislation. But I forget that I am writing a letter not a
dissertation.
Things have undergone little change here since my last. The
scarcity of money the low price of Tob° & the high price of bread
continue to be the topics of complaint. The last evil is likely to
be much increased by a sudden vicissitude in the prospects of
wheat. At the date of my last we were praying for rain. Shortly
after we had a deluge of it. From the 19th of May to the 4* of
June, we scarcely saw the sun, had almost incessant rains, and
sometimes showers, or rather torrents that threatened to sweep
away every thing. The planters pretty generally availed them
selves of the Season for getting their Tobacco into the hills. But
the farmers have nearly lost their crops of wheat. A great pro
portion of the heads in this part of the country are blasted, and
1 Malthus' first edition of his Essay on the Principle of Population was not
published till 170.8.
1 7 86] JAMES MADISON. 249
in many parts it is said the fields will not be worth cutting. Our
crops of apples also whicu in common with all other fruits seemed
to be abundant appear to have suffered much from the wet. We
are now again suffering f-om the opposite extreme. We have
had no rain since the cessation of the long spell, that is since the
3d instant, and the earth is as dry and as hard as a brick.
In an answer from the attorney to a late letter, he says "that
after great anxiety we have rec? the plan of a capitol from Mr J.
and with some difficulty the directors have assented to conform
the bricks already laid to that model."
I have a little itch to gain a smattering in chymistry. Will you
be kind eno' to pick up some good elementary treatise for me,
with a good dictionary of moderate size, unless the chymical
volume in the encyclopedic should be judged a competent pro
vision. Morveau's Elements I observe are quoted with great
respect by Buffon. I wish also to get his two Boxes, called Le
necessaire chemique. They are described in the Bibliotheque
physico-economique for 1784. p. 134. where the maker in Paris is
also referred to. I project this last indulgence on the supposition
that the whole apparatus, including the contents of the Bottles
will not cost more than a couple of Louis.
I observe that in your analysis of the Revisal p. 251 of your
notes, a Bill is mentioned for consigning our roads to undertakers
instead of the present vicious plan of repairing them. No such
provision is comprized in the Road bill reported & printed. If it
be any where in existence, I wish you could put me on the means
of getting a sight of it. I conceive such a reform to be essential
& that the Legislature would adopt it, if presented in a well
digested form.
I lately sent you some particulars relating to our mole.1 For
want of something better to fill the remainder of my paper, I will
now add the result of my examination two days ago of another of
our minor quadrupeds, I mean, a Weasel. It was a female &
came to my hands dead. Its colour corresponded with the de
scription given by D'Aubenton of the Belette & Roselet or Hermine
1 in enumerating the distinctions between our mole & the comon one of Eu
rope, I find I omitted the difference of colour. You know the colour of ours,
which is pretty remote from black, tho' somewhat darkish. [Note in MS.]
250
THE WRITINGS OF
[1786
in its summer dress, excepting only that the belly &c. which in
the European animal was white, was in ';urs of a lightish yellow,
save only the part under the lower jaws which was white for about
yz an inch back from the under lip. The little brown spots near
the corners of the mouth mentioned by D'Aubenton were peninsu
lar. The tail was of the color of the back &c. all but the end
which was black. The ears were extremely thin, had a fold or
duplication on the lower part of the conque about 2 lines deep,
and at the margin all around were covered with a very fine
short hair or fur of the colour nearly of the back. The rest of
the ear was in a manner naked, and of a lightish color. The fore
feet were tipped & spotted with white. The hind feet were also
tipped with white, and one of them a little spotted. It had five
toes on each foot, the fifth on each being very short and at some
distance from the end of the foot. Its smell was a sort of rankish
musk, but not so strong as to be very offensive. It had no visible
teats. Its weight dimensions &c. compared with those of Buffon's
Belette & Hermine were as follows.
Weight
Weasel
oz pw* gn!
2 17 13
Belette
oz
2*
Hermine
oz pw*
7 10 —
Length from muzzle to root of tail
Inch lines
7 9
3 6
i ii
2 6
5
4i
3
41
Inch
6
i
I
i
lines
6
3
5
6
5
5
»*
3
9
ii
Inch lines
9 6
3 10
2 8
3 10
7
7
3*
4
i
i 4
of the Trunk of the Tail
Height before
behind.
distance from muzzle to lower corner of
the eye. .
from upper corner of eye to the
ear. .
from one corner to the other of
the eye. .
length of the ear perpendicularly
width of ear horizontally
4
io|
I II
distance between the ears at bottom
Length of the neck
* The belette of this weight was but 6 in. 5 lines in length.
The weight & measure of the Weasel are English those of the Belette &
Roselet — french.
1786]
JAMES MADISON.
251
circumference of neck
Weasel
Belette
Hermine
Inch lines
2 5
2 10
3 3
2 9
ioi
Inch lines
2
2 3
2 2
2 6
9
7
ii
3
2
3
short i
ii
4
5i
4
3
4
i 3
2£
2
Inch lines
2 6
3 4
3 4
3 3
I 2
i i
I 10
si
3
6
3
of body behind forelegs. . . .
before hindlegs. . . .
of head between eyes & ears
Length of foreleg from knee to heel
from heel to the nails
of hindleg from knee to heel
i 4
li
Width of forefoot
^
Length of nails of forefoot . .
2
of hindfoot ...
1 1
of hair on the body
31
at end of tail
6i
distance between anus and vulva
q
Spleen length of
i 3
qi
width of in middle
Kidneys long . .
71
wide
41
thick
•7
Heart long . .
64
round.
u?
i 41
ql
Tongue long from end to the filet
wide
2*
Teeth
number
34
14
14
6
n°
34
14
14 or 15
6
n°
34
14
IQ
6
Ribbs
Vertebrae of tail ... . . .
Palate furrows of ...
The gall bladder was empty, the membrane of the Bladder very
thin, and the two last furrows of the palate broken in the middle,
in the Weasel as noted in the Belette, and the contrary not noted
in the Hermine.
The spleen was of the same color on both sides in the Weasel.
In the Hermine it was of a reddish brown as in the weasel, on one
side, and of a very pale hue on the other. Nothing is said as to
this circumstance in the description of the Belette.
The right kidney in the Weasel was advanced a little only before
the left, as in the Belette, and not its whole length as in the
Hermine.
252 THE WRITINGS OF [1786
The attempt to examine whether the number of false ribbs in
the Weasel was 4 as in the Belette or 3 as in the Hermine, was
frustrated.
On a review of the differential characters of the Belette and the
Hermine, and a comparison of the weasel with both, it appears, i.
that the weasel stands between the two in point of size, but much
less removed from the former than the latter, unless the individ
ual here examined was much under the ordinary size. Its having
no visible teats seems to be an indication that it was young. An
other probable indication was the smallness of the hindmost teeth
both in the upper & lower Jaws, those in the lower being not big
ger than the head of a small pin ; & those in the upper dispropor
tionate to the contiguous tooth. 2. that it resembles the Hermine in
the length of the trunk of the tail, and in the blackness of its end,
— but the Belette in the number of vertebrae in the Trunk, and in
the shortness of the hair at the end of the tail. 3. That it resem
bles the Hermine in the colour of its feet, and the Belette in that
of the margin of the ears. 4. that it resembles the Belette & not
the Hermine in the Relative position of the Kidneys. 5. that it
differs from the Hermine in being an inhabitant of warm climates.
Wheather it resembles the Belette in not being an inhabitant of
cold climates remains for enquiry. 6. that it differs from both
in never becoming white during the winter, if this change be well
founded with regard to the Belette. Buffon asserts that there
are instances of it, but it may be questioned whether they were
not mere albinos of the species.
The figure of the head of the Weasel when reduced to
the naked bone resembled rather that of the Belette than that
of the Hermine in the skeletons represented in Buffon. In
its entire state it resembled most the head in the cut of the Her
mine given by Buffon. Indeed the entire cut of the Hermine
was a much stronger likeness of the weasel, than the cut of the
Belette.
The result of the comparison seems to be that notwithstanding
the blackness of the end of the tail & whiteness of the feet, which
are regarded as characteristics of the Hermine contradistinguish
ing it from the belette, our weasel cannot be of the former spe
cies, and is nothing more than a variety of the latter. This
1 7 86] JAMES MADISON. 253
conclusion is the stronger, as the manners of our weasel corre
spond more nearly with those of the Belette, than with those of
the Hermine. And if it be a just conclusion, it may possibly
make one exception to Buffon's position that no animal is com
mon to the two continents that cannot bear the climate where they
join ; as it certainly contradicts his assertion that of the animals
common to the two continents, those of the new are in every in
stance smaller than those of the old. — But he seems to have given
up this point himself. Supplem' torn. 8, p. 329. " L'imperfection
de nature qu'el [M. P. 1'auteur des recherches sur les Americains]
reproche gratuitement a 1'Amerique en general, ne doit porter que
sur les animaux de la partie meridionale de ce continent, les-
quels &c." —
My next will probably be dated in Philad* or rather in N. York
to which I am called by some business of a private nature in
which I am concerned jointly with Col. Monroe. In the mean
time I remain Yr.s very affectionately
TO JAMES MONROE. MAD. MSS.
ORANGE June 2ist, 1786.
DEAR SIR, — Your favor of the 3 1 st ult. did not come
to hand till two days ago. As I expect to see you in
a short time, I will suspend the full communication of
my ideas on the subject of it till I have that pleasure.
I cannot however forbear in the mean time expressing
my amazement that a thought should be entertained
of * surrendering the Mississippi, and of guaranteing
the possessions of Spain in America. In the first
place has not Virgf, have not Cong5 themselves, and the
Ministers of Cong?, by their orders asserted the right
of those who live on the waters of the Mississippi to
1 Italics for cypher.
254 THE WRITINGS OF [1786
use it as the high road given by nature to the sea f
This being the case, have Congs any more authority
to say that the Western citizens of Virga. shall not pass
through the capes of Mississippi than to say that her
Eastern citizens shall notfiass through the capes Henry
& Charles. It should be remembered that the United
States are not now extricating themselves from war,
a crisis which often knows no law but that of necessity.
The measure in question would be a voluntary barter
in time of proj cound peace of the rights of one part of
the empire to the interests of another part. What
would Massachusetts say to a proposition for ceding to
Britain her right of fishery as the price of some stipu
lations in favor of Tobacco.
Again can there be a more short-sighted or dishon
orable policy than to concur with Spn in frustrat
ing 'the benevolent views of nature to sell the affections
of our ultra-montane brethren to depreciate the richest
fund we possess to distrust an ally whom we know to
be able to befriend us and to have an interest in doing
it against the only nation whose enmity we can dread,
and at the same time to court by the most precious
sacrifices the alliance of a nation whose impotency is
notorious, who has given no proof of regard for us and
the genius of whose Government religion & manners
unfit them of all the nations in Christendom for a coali
tion with this country. Can anything too, as you well
observe, be more unequal than a stipulation which is
to open all our ports to her and some only and those
the least valuable of hers to us ; and which places the
commercial freedom of our ports agst the fettered reg-
1786] JAMES MADISON. 255
illations of those in Spain. I always thought the stip
ulation with france & Holld of the privileges of the
most favoured nation as unequal, and only to be justi
fied by the influence which the treaties could not fail
to have on the event of the war. A stipulation putting
Spanish subjects on the same footing with our own
citizens is carrying the evil still farther without the
same pretext for it ; and is the more to be dreaded, as
by making her the most favored nation it would let in
the other nations with whom we are now connected to
the same privileges, whenever they may find it their
interest to make the same compensation for them
whilst we have not a reciprocal right to force them
into such an arrangement in case our interest should
dictate it. A guaranty is if possible still more objec
tionable. If it be insidious we plunge ourselves into
infamy. If sincere, into obligations the extent of
which cannot easily be determined. In either case we
get farther into the labyrinth of european politics from
which we ought religiously to keep ourselves as free
as possible. And what is to be gained by ruch a rash
step ? Will any man in his senses pretend that our
territory needs such a safeguard, or that if it were
in danger, it is the arm of Spain that is to save
it. Viewing the matter in this light I cannot but
flatter myself, that if the attempt you apprehend
should be made it will be rejected with becoming indig
nation. I am less sanguine as to the issue of the other
matter contained in your letter.1 I know the mutual
1 The claims of the State against the General Government. See Monroe's
letter. Writings, i., 135.
\
256 THE WRITINGS OF [1786
prejudices which impede every overture towards a
just & final settlement of claims & accts. I persist
in the opinion that a proper & speedy adjustment is
unattainable from any assembly constituted as Cong5
is, and acting under the impulse which they must. I
need not repeat to you the plan which has always ap
peared to me most likely to answer the purpose. In
the mean time, it is mortifying to see the other States,
or rather their Representatives, pursuing a course
which will make the case more & more difficult, &
putting arms into the hands of the Enemies to every
Amendment of our federal system. God knows that
they are formidable enough in this State without such
an advantage. With it, their triumph will be certain
& easy. But I have been led much farther already
than I proposed, and will only that
I am with the sincerest affection, your friend &
serv'
The inclosed Tickets belong to a very worthy
friend who knows not how to obtain a small prize
which they have drawn without giving you the trouble
of applying for it. He is apprehensive that the door
may be already shut agst the demand. If it should
not you will kind eno' to call on the proper office and
get the proper certificate. There are but 2 of the
Tickets I believe which are entitled to prizes, but as
they cannot be distinguished here, it must be done by
the Register in the office.
1 786] JAMES MADISON. 257
TO THOMAS JEFFERSON.
PHILADA, Aug: 12th, 1786.
DEAR SIR, — My last of the igth of June intimated
that my next would be from N, York or this place.
I expected it would rather have been from the former
which I left a few days ago, but my time was so taken
up there with my friends and some business that I
thought it best to postpone it till my return here.
My ride through Virga, Maryd, and Pena, was in the
midst of harvest. I found the crops of wheat in the
upper parts of the two former considerably injured by
the wet weather which my last described as so de
structive in the lower parts of those States. The
computed loss where I passed was about one third.
The loss in the Rye was much greater. It was ad
mitted however that the crops of both would have
been unusually large but for this casualty. Through
out Pena the wheat was unhurt, and the Rye very
little affected. As I came by the way of Winchester
& crossed the Potowmac at Harper's I had an oppor
tunity of viewing the magnificent scene which nature
here presents. I viewed it however under great dis
advantages. The air was so thick that distant objects
were not visible at all, and near ones not distinctly so.
We ascended the mountain also at a wrong place,
fatigued ourselves much in traversing it before we
gained the right position, were threatened during the
whole time with a thunder storm, and finally over
taken by it. Had the weather been favorable the
prospect would have appeared to peculiar advantage,
being enriched with the harvest in its full maturity,
VOL. II. — 17.
258 THE WRITINGS OF [1786
which filled every vale as far as the eye could reach.
I had the additional pleasure here of seeing the
progress of the works on the Potowmac. About 50
hands were employed at these falls or rather rapids,
who seemed to have overcome the greatest difficul
ties. Their plan is to slope the fall by opening the
bed of the river, in such a manner as to render a lock
unnecessary, and, by means of ropes fastened to the
rocks, to pull up & ease down the boats where the
current is most rapid. At the principal falls 150
hands I was told were at work, and that the length of
the canal will be reduced to less than a mile, and
carried through a vale which does not require it to
be deep. Locks will here be unavoidable. The
undertakers are very sanguine. Some of them who
are most so talk of having the entire work finished in
three years.1 I can give no particular account of the
progress on James River, but am told it is very flat
tering. I am still less informed of what is doing in
North Carolina towards a Canal between her & our
waters. The undertaking on the Susquehannah is
said to be in such forwardness as to leave no doubt of
its success. A negociation is set on foot between
Pen?, Maryd, & Delaware, for a canal from the head
of Chesapeak to the Delaware. Maryd as I under
stand heretofore opposed the undertaking, and Pena
means now to make her consent to it a condition on
which the opening of the Susquehannah within the
1 The MSS. records of the Chesapeake and Ohio Canal Company in the
office of the Company in Washington show the work referred to here of the Po
tomac Company.
1786] JAMES MADISON. 259
limits of Pena will depend. Unless this is permitted
the opening undertaken within the limits of Maryland
will be of little account. It is lucky that both parties
are so dependent on each other as to be thus mutually
forced into measures of general utility. I am told
that Pent has complied with the joint request of Virga
and Maryland fora Road between the head of Potow-
mac and the waters of the Ohio and the secure & free
use of the latter through her jurisdiction. These fruits
of the Revolution do great honour to it. I wish all
our proceedings merited the same character. Un
happily there are but too many belonging to the op
posite side of the acce. At the head of these is to be
put the general rage for paper money. Pen? & N.
Carolina took the lead in this folly. In the former
the sum emitted was not considerable, the funds for
sinking it were good, and it was not made a legal
tender. It issued into circulation partly by way of
loan to individuals on landed security, partly by way
of payment to the public creditors. Its present de
preciation is about 10 or 12 per cf. In N. Carolina
the sums issued at different times has been of greater
amount, and it has constantly been a tender. It
issued partly in payments to military creditors and
latterly, in purchases of Tob? on public account. The
Agent I am informed was authorised to give nearly
the double of the current price, and as the paper was
a tender, debtors ran to him with their Tob?, and the
creditors paid the expence of the farce. The depre
ciation is said to be 25 or 30 per C*. in that State. S.
Carolina was the next in order. Her emission was in
260 THE WRITINGS OF [1786
the way of loans to individuals, and is not a legal
tender. But land is there made a tender in case of
suits which shuts the Courts of Justice, and is perhaps
as great an evil. The friends of the emission say that
it has not yet depreciated, but they admit that the
price of commodities has risen, which is evidently the
form in which depreciation will first shew itself. New
Jersey has just issued £"30,000 (dollars at js 6) in
loans to her citizens. It is a legal tender. An ad
dition of ,£100,000 is shortly to follow on the same
principles. The terror of popular associations stifles
as yet an overt discrimination between it & specie ;
but as this does not operate in Philada & N. York
where all the trade of N. J. is carried on, its depreci
ation has already commenced in those places & must
soon communicate itself to N. J. New York is strik
ing ,£200,000 (dollr at 8^.) on the plan of loans to her
citizens. It is made a legal tender in case of suits
only. As it is but just issuing from the press, its de
preciation exists only in the foresight of those who
reason without prejudice on the subject. In Rhode
Island, £"100,000 (dolr at 6^.) has lately been issued
in loans to individuals. It is not only made a tender,
but severe penalties annexed to the least attempt
direct or indirect to give a preference to specie. Pre
cautions dictated by distrust in the rulers soon pro
duced it in the people. Supplies were withheld from
the Market, the Shops were shut, popular meetings en
sued, and the State remains in a sort of convulsion.
The Legislature of Mass1.5 at their last Session re
jected a paper emission by a large majority. Con-
1786] JAMES MADISON. 261
necticut & N. Hampshire also have as yet forborne,
but symptoms of danger it is said begin to appear in,
the latter. The Senate of Maryd has hitherto been
a bar to paper in that State. The clamor for it is
now universal, and as the periodical election of the
Senate happens at this crisis, and the whole body is
unluckily by their Constitution to be chosen at once,
it is probable that a paper emission will be the result.
If, in spite of the zeal exerted agst the old Senate a
majority of them should be re-elected, it will require
all their firmness to withstand the popular torrent.
Of the affairs of Georga I know as little as of those
of Kamskatska. Whether Virga is to remain exempt
from the epidemic malady will depend on the ensuing
Assembly. My hopes rest chiefly on the exertions of
Col. Mason and the failure of the experiments else
where. That these must fail is morally certain ; for
besides the proofs of it already visible in some States,
and the intrinsic defect of the paper in all, this fic
titious money will rather feed than cure the spirit of
extravagance which sends away the coin to pay the
unfavorable balance, and will therefore soon be carried
to market to buy up coin for that purpose. From
that moment depreciation is inevitable. The value of
money consists in the uses it will serve. Specie will
serve all the uses of paper, paper will not serve one
of the essential uses of specie. The paper therefore
will be less valuable than specie. Among the numer
ous ills with which this practice is pregnant, one I
find is that it is producing the same warfare & retalia
tion among the States as were produced by the State
262 THE WRITINGS OF [1786
regulations of commerce.; Massts & Connecticut have
passed laws enabling their Citizens who are debtors
to Citizens of States having paper money, to pay
their debts in the same manner as their Citizens who
are creditors to Citizens of the latter States are liable
to be paid their debts. The States which have ap
pointed deputies to Annapolis are N. Hampshire,
Massts, R. Island, N. Y., N. J., Pena, Delaware, &
Virga. Connecticut declined not from a dislike to
the object, but to the idea of a Convention, which it
seems has been rendered obnoxious by some internal
Conventions, which embarrassed the Legislative Au
thority. Mary1!, or rather her Senate negatived an
appointment because they supposed the measure
might interfere with the plans or prerogatives of
Cong5. N. Carolina has had no Legislative meeting
since the proposition was communicated. S. Caro
lina supposed she had sufficiently signified her concur
rence in a general regulation of trade by vesting the
power in Congress for 15 years. Georgia- — .
Many Gentlemen both within & without Cong5, wish
to make this Meeting subservient to a plenipotentiary
Convention for amending the Confederation. Tho'
my wishes are in favor of such an event, yet I despair
so much of its accomplishment at the present crisis
that I do not extend my views beyond a commercial
Reform. To speak the truth / almost despair even of
this} You will find the cause in a measiire now be
fore Congress of which you will receive the detail from
Col. Monroe. I content myself with hinting that it is
1 The portions of the letter in cypher are represented by italics.
1786] JAMES MADISON. 263
a proposed treaty with Spain one article of which
shuts up the Mississippi twenty-Jive or thirty years,
passing by the other Southern States, figure to your
self the effect of such a stipulation on the Assembly of
Virginia, already jealous of Northern politics and
which will be composed of about thirty members from
the Western waters, of a majority of others attached
to the Western Country from interests of their own,
of their friend or their constituent, and of many
others who though indifferent to Mississippi, will
zealously play off the disgust of its friends against
federal measures. Figure to yourself its effect on the
people at large on the western waters, who are im
patiently waiting for a favorable result to the negotia
tion with Gardoqui, & who will consider themselves
as sold by their Atlantic brethren. Will it be an
unnatural consequence if they consider themselves
absolved from every federal tie and court some protec
tion for their betrayed rights. This protection will
appear more attainable from the maritime power of
Britain than from any other quarter ; and Britain
will be more ready than any other nation to seize an
opportunity of embroiling our affairs. What may be
the motive with Spain to satisfy herself with a tem
porary occlusion of the Mississippi at the same time
jthat she holds forth our claim to it as absolutely inad
missible is matter for conjecture only. The patrons
of the measure in Congress contend that the Minister,
who at present governs the Spanish councils means
only to disembarrass himself at the expence of the
successors. I should rather suppose he means to work
264 THE WRITINGS OF [1786
a total separation of interest and affection between
western & eastern settlements and to foment the jeal
ousy between the Eastern & Southern States. By the
former the population of the Western Country it may
be expected, will be checked and the Mississippi so far
secured ; and by both the general security of Spanish
America be promoted. As far as I can learn the
assent of nine States in Congress will not at this time be
got to the projected treaty but an unsuccessful attempt
by six or seven will favor the views of Spain and be
fatal I fear to an augmentation of the federal author
ity if not to the little now existing. My personal
situation is rendered by this business particularly
mortifying. Ever since I have been out of Congress
I have been inculcating on our Assembly a confidence
in the equal attention of Congress to the rights and
interests of every part of the republic and on the
Western members in particular, the necessity of mak
ing the Union respectable by new powers to Congress
if they wished Congress to negociate with effect for the
Mississippi. I leave to Col. Monroe the giving you
a particular account of the Impost. The Acts of
Penna, Delaware & N. York must be revised &
amended in material points before it can be put in
force, and even then the fetters put on the collection
by some other States will make it a very awkward
business. Your favor of 25^ of April from London
found me here. My letter from Richmd at the close of
the Assembly will have informed you of the situation
in which British debts stand in Virga. Unless Cons
say something on the subject I do not think anything
1786] JAMES MADISON. 265
will be done by the next Session. The expectations
of the British Merchants coincide with the informa
tion I had recd, as your opinion of the steps proper to
be taken by the Assembly do with those for which
I have ineffectually contended. The merits of Mr.
P[aradise] will ensure every attention from me to his
claim as far as general principles will admit. I am
afraid that these will insuperably bar his wishes.
The Catalogues sent by Mr. Skipwith I do not ex
pect to receive till I get back to Virga. If you meet
with " Grcecorum Respublicae ab Ubbone Emmio de-
scriptae," Sugd. Batavorum, 1632, pray get it for me.
My trip to N. Y. was occasioned chiefly by a plan
concerted between Col. Monroe 1 & myself for a pur
chase of land on the Mohawk. Both of us have
visited that district and were equally charmed with it.
The soil is perhaps scarcely inferior to that of Ken
tucky, it lies within the body of the Atlantic States &
at a safe distance from every frontier, it it contiguous
to a branch of Hudson's River which is navigable with
trifling portages which will be temporary, to tide-water,
and is not more than ten 15 or 20 miles from popul
ous settlements, where land sells at £8 to ^10 per acre.
In talking of this Country sometime ago with General
Washington he considered it in the same light with
Monroe and myself, intimating that if he had money
to spare and was disposed to deal in land, this is the
1 Monroe left the White House hopelessly broken in fortune and spent the
latter part of his life in absolute poverty. Madison and Jefferson left behind
them estates overburdened with debt. No one of the three possessed the talent
of either making or saving money. It was this land speculation, however,
which Madison believed would make him moderately wealthy.
266 THE WRITINGS OF [1786
very Spot which his fancy had selected of all the U.
S. We have made a small purchase, and nothing but
the difficulty of raising a sufficient sum restrained us
from making a large one. In searching for the means
of overcoming this difficiilty one has occurred which
we have agreed that I should mention to you, and which
\iyou should think as we do is recommended by the
prospect of advantage to yourself as well as to ^ls. We
mention it freely because we trust that if it does not
meet with your sanction — — you will as freely tell
us so^ It is that the aid of your credit \nyourprivate
capacity be used for borrowing say four or Jive thou
sand louis more or less, on the obligation of Monroe and
myself with your suretyship to be laid out by Monroe
and my self {Q? our triple emolument on interest not ex
ceeding six p. cent to be paid annually and the prin
ciple within a term not less than eight or ten years.
To guard ag8' accidents a private instrument might
be executed among ourselves such writing specifying
all necessary covenants. We have not taken the reso
lution of this plan without well examining the expedi
ency of your becoming a party to it as well as the
prospect of its succeeding. There can certainly be no
impropriety inyoiir taking just means of better ing your
fortune, nor can we discover in yoiir doing this
on \heMokawk more than on james River. For the
prospect of gain by rise of the land beyond the inter
est of the money we calculate on the present difference
of pri\c-e~\ between the settled & vacant land far
beyond any possible difference in the real value. The
1 August 15 Madison sent the substance of this part of the letter to Monroe.
Mad. MSS.
1786] JAMES MADISON. 267
former as has been noted sells for eight or ten pounds
per acre. The latter distinguished only by its being a
little higher 2tp the River & its being uninhabited was
bought by us for one dollar & a half and there is little
doubt that by taking itp a large quantity, still better
bargains may be got. This comparative cheapness pro
ceeds from causes which are accidental & temporary.
The lands in question are chiefly in the hands of men
who hold large quantities and who are either in debtor
live in the city at an expence for which they have no
other resource or are engaged in transactions that re
quire money. The scarcity of specie which enters
much into the cheapness is probably but temporary also.
As it is the child of extravagance it will become the
parent of economy, which will regain us our due share
of the universal medium. The same vicissitude which
can only be retarded by our short-lived substitutes of
paper will be attended also by such &fall in the rate
of exchange that money drawn by bills from Europe now
and repaid a few years hence will probably save one
years interest at least. I will only add that scarce an
instance has happened in which purchases of new lands
of good quality and in good situations have not well
rewarded the adventurers. With these remarks which
determine our judgments we submit to your better one
\ki& project to which they relate. Wishing you every
possible happiness I remain Dr Sir your affectionate
friend & Serv'
Mr.s House and Mr.s Trist desire to be particularly
remembered to yourself and Miss Patsy. I left with
Col Monroe letters for you both from Mr.s T. which
will probably go by the same packet with this.
268 THE WRITINGS OF [1786
TO JAMES MONROE.1
PHILADELPHIA, August lyth, 1786.
DR SIR, — I have your favor of the 1/j.th inst. The
expedient of which you ask my opinion has received,
as it deserved, all the consideration which the time
and other circumstances would allow me to give. I
think that, in the present state of things, such an
arrangement would be beneficial, and even pleasing
to those most concerned in it ; and yet I doubt
extremely the policy of your proposing it to Con
gress.2 The objections which occur to me are: i.
That if the temper and views of Congress be such as
you apprehend, it is morally certain they would not
enter into the accommodation. Nothing, therefore,
would be gained, and you would have to combat under
the disadvantage of having forsaken your first ground.
2. If Congress should adopt your expedient as a
ground of negociation with Guardoqui, and the views
of Spain be such as they must be apprehended to be,
it is still more certain that it would be rejected on that
side, especially under the flattering hopes which the
spirit of concession in Congress must have raised.
In this event, the patrons of the measure now before
1 From the Works of Madison.
2 " It has occurr'd to G[rayson] & myself to propose to Congress that negotia
tions be carried on with Sp? upon the following principles : i. That exports be
admitted thro' the Mississippi to some free port — perhaps N. Orleans, to pay
there a toll to Sp? of abl. 3 pr. cent™ ad valorem & to be carried thence under
the regulations of Congress. 2. That imports shall pass into the Western coun
try thro' the ports of the U. S. only. 3. That this sacrifice be given up to
obtain in other respects a beneficial treaty. I beg of you to give me yr. opinion
on it." — Monroe to Madison, August 14, 1786, Writings of Monroe, i., 151,
152.
1786] JAMES MADISON. 269
Congress would return to it with a greater eagerness
and with fresh arguments, drawn from the impossi
bility of making better terms, and from the relaxation
into which their opponents will have been betrayed.
It is even possible that a foresight of this event might
induce a politic concurrence in the experiment.
Your knowledge of all circumstances will make you
a better judge of the solidity or fallacy of these reflec
tions than I can be. I do not extend them because
it would be superfluous, as well as because it might
lead to details which could not prudently be com
mitted to the mail without the guard of a cypher.
Not foreseeing that any confidential communication
on paper would happen between us during my absence
from Virginia, I did not bring mine with me.
TO AMBROSE MADISON. 1
ASJAPOLis, Sep*. 8th, 1786.
DR BRO?, — I came to this place a day or two ago,
where I found two comsrs only. A few more have
since come in, but the prospect of a sufficient n? to
make the meeting respectable is not flattering. I was
sorry to find in Philadf that the unpunctuality of some
of the purchasers of the Tob? had put it out of the
power of Mf H. to supply me with all the money be
come due under the contracts. This unpunctuality
owing partly to causes which are felt everywhere,
partly to the abolition of the bank, has extended
itself to men who have scarcely before afforded room
1 New York Public Library (Lenox) MSS.
270 THE WRITINGS OF [1786
for complaint. The disappointment reduced me to
the dilemma of either not executing the commissions
for the family & failing in some of my engagements
particularly in N. Y. or of leaving you still longer to
parry your creditors. Disagreeable as the latter
option was I could not but consider it as the lesser
inconvenience. Mr H. has promised to spare no efforts
to get in the remaining payments as fast as possible,
& to send or even bring them to Annapolis in case
the session here should be prolonged till a sum worth
while shall be collected. If the Session here should
be so far shortened as to leave me time I propose to
ride back to Philad? & be the bearer of it from thence
myself. I shall probably write again to you from
this place. I do not write now to my father because
I have nothing worth the postage. You will let him
know that most of the Articles on his list will prob
ably soon be at Fredgl" perhaps sooner than this
reaches you. The West Ind* articles were dear &
for that reason some of them are abridged in quan
tity. The other articles were cheap in general, which
led me to add several beyond my commission, being
well assured that if not wanted they may be either
disposed of or exchanged with advantage.
TO JAMES MONROE. MAD. MSS.
ANNAPOLIS, Sepr n, 1786
DEAR SIR, — I have two letters from you not yet ac
knowledged, one of the i5-' the other of the 3*? inst :
nothing could be more distressing than the issue of
1786] JAMES MADISON. 271
the business stated in the latter.1 If the affirmative
vote of 7 States si be pursued it will add the in
sult of trick to the injury of the thing itself. Our
prospect here makes no amends for what is done with
you. Delaware N. J. & V* alone are on the ground,
two Commissrs attend from N. Y. & one from Pa. Un
less the sudden attendance of a much more respecta
ble number takes place it is proposed to break up the
Meeting, with a recomendation of another time &
place, & an intimation of the expediency of extending
the plan to other defects of the Confederation. In
case of a speedy dispersion I shall find it requisite to
ride back as far as Philad* before I proceed to Virg*
from which place, if not from this, I will let you know
the upshot here. I have heard that Col. Grayson
was stopped at Trenton by indisposition on his way
to the Assembly of Pena. I hope he is well again, &
wd write to him but know not whither to address a
letter to him.2
Adieu. Yrs affy.
1 The instructions to Jay on the subject of the Mississippi negotiations hav
ing been in part repealed, the plan of the friends of the free navigation to order
the transfer of negotiations to Madrid was blocked by a newly-adopted rule of
Congress " that we shall not move in form or substance any proposition which
has been set aside by the previous question, unless the same number of States
are present." — Monroe to Madison, Writings of Monroe, t., 759, 160.
2 The following bill is of interest as showing what Madison's expenses were
while he was attending the Annapolis convention :
"COLONEL MADISON'S BILL 1786
" Sept! 5 Lodging & Breakfast 3/9 Dinner 3/9 £, o. 7. o
wine 3/9 punch 2/6 porter 2/6 o. 8. 9
punch i/ serv*. Board I2/ o. 13. o
6 Lodging & Breakfast 3/9 wine 2/6 o. 6. 3
porter 2/6 Dinner 3/9. Servl Grog i/ o. 7. 3
Board for Serv*. 6/ o. 6. o
272 THE WRITINGS OF [1786
TO JAMES MONROE. MAD. MSS.
PHILAD^, Octr 5*, 1786.
DEAR SIR, — I rec^ yesterday your favor of the 2d.
inst : which makes the third for which my acknowledg
ments are due. The progression which a certain
measure l seems to be making is an alarming proof of
the predominance of temporary and partial interests
over those just & extended maxims of policy, which
have been so much boasted of among us and which
alone can effectuate the durable prosperity of the
Union. Should the measure triumph under the
patronage of 9 States or even of the whole thirteen,
I shall never be convinced that it is expedient, be-
" Sept! 7
Lodging and Breakfast 3/9 Tea i/io £
o.
5-
7
Serv1. Board 6/
0.
6.
0
8
Lodging and Breakfast 3/9 Serv1. Board 6/
"
9-
9
9
Lodging and Breakfast 3/9 Punch 1/3
0.
5-
o
Dinner and Club 8/9 Tea i/io Serv* Board 6/ . .
"
16.
7
10
Lodging and Breakfast 3/9 Tea i/io Serv*
board 6/
"
II.
7
ii
Lodging & Breakfast 3/9 Dinner 3/9 Club 5/. . .
"
12.
6
Tea i/io Serv! Board 6/
' '
7-
10
12
Lodging & Breakfast 3/9 Dinner & Club 8/9. . .
"
12.
6
Tea i/io Serv1. Board 6/
'*
7-
10
13
Lodging & Breakfast 3/9 Serv* Board 6/
«•
9-
9
Stabling & hay 45/ Oats 56 Gallons @ iod 4&/8/
4-
11.
8
Omited the 4th Punch 2/6 Supper 3/ serv1 d? 2/
"
7-
6
Hay and Oats 6/8 .
"
6.
8
14
Lodging & Breakfast 3/9 Dinner & Club 10/9. .
0.
14.
6
Servts Board 6/ Hay & Oats n. 8
o.
ii.
8
£1
5.
8
15
Lodging i/ Servt. 6/
I.
6
£14- 7- 2
Contents Received in full
Geo Mann." Mad. MSS.
The prospective treaty with Spain closing the navigation of the Mississippi.
1786] JAMES MADISON. . 273
cause I cannot conceive it to be just. There is no
maxim in my opinion which is more liable to be mis
applied, and which therefore more needs elucidation
than the current one that the interest of the majority
is the political standard of right and wrong. Taking
the word "interest" as synonymous with " ultimate
happiness, " in which sense it is qualified with every
necessary moral ingredient, the proposition is no doubt
true. But taking it in the popular sense, as referring
to immediate augmentation of property and wealth,
nothing can be more false. In the latter sense it
would be the interest of the majority in every com
munity to despoil & enslave the minority of indi
viduals ; and in a federal community to make a similar
sacrifice of the minority of the component States. In
fact it is only re-establishing under another name and
a more specious form, force as the measure of right ;
and in this light the Western settlements will infallibly
view it.
I have considered with attention the paragraph in
your last which relates to the further offer of Taylor.
It seems to be an inviting one & probably would turn
out a good one, yet there are strong objections ags.1
purchasing in the dark or on a vague knowledge of
the situation. There would be hazard in the experi
ment if both parties were on a level, but there would
perhaps be rashness in it where one of them proceeds
on full information. Circumspection seems also more
necessary in proportion to the indulgences proposed in
the payments, as they suggest other motives for sell
ing than mere pecuniary difficulties. These objections
VOL. ii. — it
274 THE WRITINGS OF [1786
may indeed be lessened by taking information at
second hand and by supposing the partial payment in
hand as the ruling motive of the seller. But still they
have considerable weight ; and when added to two
others are decisive with me ags.' an immediate con
tract. I draw the first of these from the numerous
disappointments to which I find pecuniary matters in
the present state of things are liable, and the mortifi
cations which they involve. The second I draw from
a reflection that if we should at the date of future
payments have in our hands the means of discharging
them, they will as ready money then command as
good bargains as can now be made on credit. These
remarks you will observe lye agst further speculations
at present. The expediency of them under favorable
circumstances I view in as strong a light as ever I did,
and am happy to find your attention kept up to the
subject, and you are gathering information relative
to it.
I fear I shall be obliged to accept of your very
friendly procrastination of the repayment which ought
long ago to have been made. The disappointments
which have prevented it, contribute to my delay here
at this time, and will together with a vicarious busi
ness which I have undertaken for a particular friend,
probably spin it out a few days longer. If anything
occurs before I set out or on the road I shall not fail
to write. Col. Grayson is still here. For a week he has
been nearly well, his symptoms of yesterday prove
that he has remains of his disorder which require his
attention.
1786] JAMES MADISON. 275
Martin did not make his report from Milligan as to
the lottery tickets, pray send me the information in
your next. Complts to yr family Adieu
Seal & present the inclosed
if you please.
TO JAMES MONROE. MAD. MSS.
RICHM?, Octr. 30, 1786
DEAR SIR, — I drop you a few lines rather as a ful
filment of my promise than for the purpose of infor
mation, since they go by M* Jones who is much
better acquainted with the politics here than myself.
I find with pleasure that the navigation of the
Miss?1 will be defended by the Legislature with as
much zeal as could be wished.1 Indeed the only dan
ger is that too much resentment may be indulged by
many ags.e the federal councils. Paper money has
not yet been tried even in any indirect mode that
could bring forth the mind of the Legislature. Ap
pearances on the subject however are rather flattering.
Mr. H [enry] has declined a reappointf to the office he
1 The House of Delegates received a memorial from the delegates represent
ing the counties of the district of Kentucky, setting forth that a report prevailed
in that district that Congress proposed to cede to Spain the exclusive navigation
of the Mississippi for twenty-five or thirty years, in consideration of some com
mercial advantages, that they conceived it their duty to represent that the
prosperity of the Western country was absolutely dependent on the free naviga
tion of that river, as without it they could not carry their produce to market ;
that Congress could not, without a flagrant violation of the confederation, de
prive them of an advantage which nature had thus given them, and for the
secure enjoyment of which the federal government was formed. Resolutions
and instructions to the delegates in Congress in the sense of the memorial were
passed by the House, November 29, 1786. — Journal of House of Delegates.
276 THE WRITINGS OF [1786
holds, and M^ Randolph1 is in nomination for his
successor, and will pretty certainly be elected. R. H.
L [ee] has been talked of, but is not yet proposed.
The appt8 to Cong8 are a subject of conversation &
will be made as soon as a Senate is made. Mr.
Jones will be included in the New Delegation. Your
presence & communications on the point of the
Missippi are exceedingly wished for and would in
several respects be extremely useful. If Mr. Jones
does not return in a day or two come without him I
beseech you. I am consulted frequently on matters
concerning which I cannot or ought not to speak,
and refer to you as the proper source of information
as far as you may be at liberty. Hasten your trip I
again beseech you. I hope Mrs. Monroe continues
well. My sincerest respects wait on her. In haste
Adieu. Yrs.
TO JAMES MADISON. MAD. MSS.
RICHMOND Nov? i. 1786.
HON'D SIR, — Jn.° Tucker & Joe got down this fore
noon, with articles sent. I shall execute your in
structions as to the advertizements, and the Revised
laws, if I can get at the latter time eno' in the morn
ing. I will do the same as to the French Dicty for
Mr Taylor if I can effect it in time ; if not I will make
use of the first succeeding opportunity. I can give
you no account of the Key of the Trunk. I suppose
it must have been dropped or taken off & not re-
1 Edmund Randolph was elected.
1786] JAMES MADISON. 277
placed, for keys in such cases are usually fastened to the
Trunks. I omitted in my letter from Fred? to men
tion that I had directed 2 bolts of Oznabergs to be
sent along with the other articles from Philada. but as I
did it on the like condition of price & quality being
approved by Mr H. it is uncertain whether any of
the articles will come. I intended it merely as an
experiment.
Paper money was the subject of discussion this day,
and was voted by a majority of 84 vs 17, to be
" unjust, impolitic, destructive of public & private
confidence, and 1 of that virtue which is the basis of
Republican Government." Our Revenue matters
have also been on the anvil, several changes in our
taxes are proposed, and it is not unlikely that some
will take place. Duties on imports will be urged as
far as they can be guarded agst smuggling by land, as
well as by water. Govr Henry declines a reappoint6,
but does not come into the Assembly. The Attorney
or R. H. Lee, probably the former, will supply his
place. We learn that great commotions are prevail
ing in Massts. An appeal to the Sword is exceedingly
dreaded. The discontented it is said are as numer
ous as the friends of Gov' and more decided in their
1 The vote appears in the Journals of the House of Delegates as 85 to 17.
The resolution was: " Resolved, that it is the opinion of this committee, [of
the whole] that the petition of sundry inhabitants of the counties of Brunswick
and Campbell, praying for an emission of paper money, are unreasonable and
ought to be rejected ; and that, in the opinion of this committee, an emission
of paper money would be unjust, impolitic and destructive of public and private
confidence, and of that virtue which is the basis of republican government."
Nevertheless, petitions praying for an emission of paper money were received
by the House December 7.
278 THE WRITINGS OF [1786
measures. Should they get uppermost, it is uncer
tain what may be the effect. They profess to aim
only at a reform of their Constitution and of certain
abuses in the public administration, but an abolition
of debts public & private, and a new division of
property are strongly suspected to be in contempla
tion. We also learn that a general combination of
the Indians threatens the frontier of the U. S. Cong5
are planning measures for warding off the blow, one
of which is an augmentation of the federal troops to
upwards of 2000 men. In addition to these ills, it is
pretty certain that a formidable party in Cong5 are
bent on surrendering the Missis1?1 to Spain for the
sake of some commercial stipulations. The project
has already excited much heat within that Assembly
& if pursued will not fail to alienate the Western
Country & confirm the animosity & jealousy already
subsisting between the Atlantic States. I fear that,
altho' it should be frustrated, the effects already pro
duced will be a great bar to our amendment of the
Confederacy which I consider as essential to its con
tinuance. I have letters from Kentucky which inform
me that the expedition ag5t the Indians has prevented
the meeting which was to decide the question of their
Independence. It is probable the news relative to
the surrender of the Miss?1 will lessen the disposition
to separate. If the bacon left behind by Jn.° should
not have been sent it need not be sent at all. Fresh
butter will from time to time, continue to be very
acceptable. My best regards to my mother and the
family.
Your affec' & dutiful son.
1786] JAMES MADISON. 279
SPEECH IN THE VIRGINIA HOUSE OF DELEGATES, NOVEM
BER, 1786, AGAINST PAPER MONEY.1 MAD. MSS.
Unequal to Specie, i. being redemble at future day
and not bearing interest. 2. illustrated by
[obliterated] of Bank notes — Stock in funds—
1 Notes on the back of a letter to Madison from Robt. Johnson, dated 23d
September, 1786 :
Paper Emissions
67>zequal to specie. Bank notes. Stock.
Object? navy bills, tallies
Spanish paper 6foless
£/«just either to Cred1.3 or debtrs
1. alloy
2. Weights & measures
3. brass made for silver by Romn?
4. Case of debtrs to other States
^constitutional, i. property dec1? by bill of Rights
Antifedl 2. trial by Jury
Unnecessary. i. produce will bring specie
2. paper in Tob? notes Warr4.5 &c
Hurtful i. by luxury increase, not cure the evil of scarcity of specie
2. destroy confidence public & private
3. source of dissension between States see Confed? as to
regulation of coin
4. enrich collectors, speculators & —
5. vitiate morals
6. reverse the end of Gov*. by punishing good Citizens &
rewarding bad.
7. discourage foreign commerce &c
8. dishonor our Repub [illegible] the eyes of mankind
Examples of other States & during war
Object? paper good formerly
Answer. i. Not true in N. E. V* Mary? 12 to 20 Per G
2. Confidence then
3. principles of money not then understood
Such w? not then nor now do in Europe
Advantages from reject? paper
1. Distinguish the State & its credit
2. draw comerce & specie
3. Not honorable [example] to other states.
—Mad. MSS.
28o THE WRITINGS OF [1786
paper of Spain issued during late war [see
Neckar on finance]. Navy bills — tallies. 3.
being of less use than specie which answers
externally as well as internally — must be of
value which depends on the use.
Unjust, i. to creditors if a legal tender. 2 to
debtors if not legal tender, by increasing diffi
culty of getting specie. This it does by increas
ing extravagance & unfavourable balance of
trade — & by destroying that confidence be
tween man & man, by which resources of one
may be comanded by another. Illustrated
i by raising denomination of coin 2. increas
ing alloy of d? brass made as silver by the
Romans according to Sallust.1 3 by changing
weights & measures. 4. by case of creditors
within who are debtors without the State.
Unconstitutional i. Affects rights of property as
much as taking away equal value in land ;
illustr? by case of land p? for down & to be con
vey? in future, & of a law permitting convey
ance to be satisfied by conveying a part only—
or other land of inferior quality — 2. affects
property without trial by Jury.
1 Shortly after Cicero's first great speech against Catiline, Catiline's friend,
Caius Manlius, despatched deputies to the Roman general, Quintus Marcius
Rex, with instructions to say, among other things : ' ' Often have your fore
fathers, taking compassion on the Roman people, relieved their poverty by their
decrees ; and very recently, within our memory, silver was paid with brass,
owing to the pressure of debt, with the approval of all good citizens." — Sallust's
Conspiracy of Catiline, ch. 33. The payments were in pursuance of a law pro
posed by L. Valerius Flaccus, Consul, A. U. C. 667. Only the fourth part
was paid, an as for a sestertius, and a sestertius for a denarius.
1786] JAMES MADISON. 281
Antifederal. Right of regulating coin given to
Cong? for two reasons, i. for sake of uni
formity. 2. to prevent fraud in States towards
each other or foreigners. Both these reasons
hold equally as to paper money.
U necessary, i. produce of country will bring in
specie, if not laid out in superfluities. 2. Of
paper, if necessary, eno' already in Tob? notes,
& public securities — 3. the true mode of giv
ing value to these, and bringing in specie is to
enforce Justice & taxes.
Pernicious, i. by fostering luxury, extends instead
of curing scarcity of specie — 2. by disabling
compliance with requisition of Cong? 3. serv
ing dissentions between States. 4. destroy?
confidence between individuals. 5. discour
aging comerce — 6 enrich? collectors & sharp
ers — 7. vitiating morals. 8. reversing end of
Gov' which is to reward best & punish worst.
9. conspiring with other States to disgrace
Republican Gov'.5 in the eyes of mankind.
Objection, paper money good before the War.
Answ* i. not true in N. Eng? nor in V* where ex
change rose to 60 per d nor in Mary? see
Franklyn on paper money 2. confidence then
not now. 3. principles of paper credit not
then understood. Such w? not then nor now
succeed in Great Britain &c.
282 THE WRITINGS OF [1786
TO GEORGE WASHINGTON. WASH. MSS.
RICHMOND, NovT i, 1786.
DEAR SIR, — I have been here too short a time as yet
to have collected fully the politics of the Session. In
general appearances are favorable. On the question
of a paper emission the measure was this day rejected
in emphatic terms by a majority of 84 vs. 17. The
Affair of the Mississippi is but imperfectly known. I
find that its influence on the federal spirit will not be
less than was apprehended. The Western members
will not be long silent on the subject. I inculcate a
hope that the views of Congress may yet be changed
and that it would be rash to suffer the alarm to inter
fere with the policy of amending the Confederacy.
The sense of the House has not yet been tried on
the latter point. The Report from the Deputies to
Annapolis lies on the Table, and I hope will be called
for before the business of the Mississippi begins to
ferment. Mr. Henry has signified his wish not to be
reelected, but will not be in the Assembly. The
Attorney & R. H. Lee are in nomination for his suc
cessor. The former will probably be appointed, in
which case the contest for that vacancy will lie be
tween Col. Innes & Mr. Marshal. The nominations
for Cong? are as usual numerous. There being no
Senate yet it is uncertain when any of these appoint
ments will take place.
With the sincerest affection & the highest esteem
I am Dear Sir
Yf Obed< & humble ServF
i y86] JAMES MADISON. 283
TO GEORGE WASHINGTON. WASH. MSS.
RICHM?, Novr 8l.h, 1786.
DEAR SIR, — I am just honoured with your favor of
the 5^ inst : The intelligence from Gen! Knox J is
gloomy indeed, but is less so than the colours in which
I had it thro' another channel. If the lessons which it
inculcates should not work the proper impressions on
the American public, it will be a proof that our case
is desperate. Judging from the present temper and
apparent views of our Assembly, I have some ground
for leaning to the side of Hope. The vote against
paper money has been followed by two others of great
importance. By .one of them petitions for applying a
scale of depreciation to the Military certificates was
unanimously rejected. By the other the expediency
of complying with the Recommendation from Anna
polis in favour of a general revision of the federal
system was unanimously agreed to. A bill for the
purpose is now depending and in a form which attests
the most federal spirit. As no opposition has been
yet made and it is ready for the third reading, I ex
pect it will soon be before the public. It has been
thought advisable to give this subject a very solemn
dress, and all the weight that could be derived from a
single State. This idea will be pursued in the selec
tion of characters to represent Virg* in the federal
convention. You will infer our earnestness on this
point from the liberty which will be used of placing
your name at the head of them. How far this liberty
1 Respecting Shay's Rebellion.
284 THE WRITINGS OF [1786
may correspond with the ideas by which you ought to
be governed will be best decided when it must ulti
mately be decided. In every event it will assist
powerfully in marking the zeal of our Legislature,
and its opinion of the magnitude of the occasion.
Mr. Randolph has been elected successor to Mr.
Henry. He had 73 votes, Col. Bland 28, & R. H.
Lee 22. The delegation to Congress drops Col. H.
Lee, a circumstance which gives much pain to those
who attend to the mortification in which it involves a
man of sensibility. I am yet to learn the ground of
the extensive disapprobation which has shewn itself.
I am Dear Sir most respectfully & affectly
Yr Obe# & hble Serv<
TO HENRY LEE.1 MAD. MSS.
(Copy.)
RICHMOND Nov. gth 1786.
DEAR SIR, — The last mail went out at a time when
I was so engaged that I could not drop a line to you
—the task of first conveying to you the result of the
elections for Congress here has therefore probably
1 " ALEX? 20* Dec: 86
" MY DEAR SIR, — After the notification of my disgrace which reached me
about the 2ol.h Nov. I hastened from N York & pressed forward to my home.
Every difficulty of weather and roads opposed my progress and retarded me ef
fectually, for it took us three weeks to reach this place which I had reckoned
on accomplishing in twelve days. At length we arrived on the banks of pato-
mac, and thro our avidity to embrace our friends, were on the point of destruc
tion for some hours, by rashly adventuring to cross in the night, thro' bodies of
floating ice. But providence, kinder to me than my beloved country rescued
my family & myself, with some detriment of sense but no injury to my reputa
tion — striking difference to be sure, and a theme for unceasing admiration of
the Supreme benevolence on my part. This subject always disturbs me & excites
1786] JAMES MADISON. 285
been performed by some of your other friends — The
superiority which your reflection and firmness will
maintain over the vicissitudes incident to public life,
forbids any suggestions which may be calculated to
abate a sensibility with regard to them — I will only
assure you that the indelicacy of the situation in which
your country has placed you is severely felt by those
whose esteem you would most value.
The enclosed paper contains all the Legislative
information worth giving you — Present my respectful
compliments to Mr.s Lee, and assure yourself of my
sincerest wishes for your happiness—
Yrs Affy
Js. MADISON J?
To the
Honble Henry Lee
New York
my resentment. But cruel & ungrateful as I estimate the treatment I have re
ceived from the assembly, I am frank to declare to you that the opinion I had
formed of your dereliction of the friendship which existed between us rendered
my affection doubly severe. In all nations precedents are to be found demon
strative of the caprice & indelicacy of public bodys, therefore being not alone I
could have procured repose to my feelings that all who knew me, would attrib
ute my dismission to the proper cause.
" Your abandonment of a man who loved your character to excess & who es
teemed your friendship among the first blessings of his life connected with the
circumstance of your election to the office from which he was dismissed, to
gether with many other considerations which are unnecessary to repeat wounded
me deeply, & has given me many melancholy hours. Your letter of the iil.h af
fords me some relief, & as it explains your intentions which before were subject
to conjecture, strengthens my hope that you regard me as I have esteemed you,
& that no difference in political sentiments ever has or ever can cool the affec
tion which commenced in our youth, and till very lately has existed in full vigor.
It is my wish that we may ever be united, & I believe you cannot question my
sentiments, especially, when it relates to you." — Henry Lee to Madison, Mad.
MSS. Lee was soon restored to favor in the State. Madison wrote to him
again November 23"? .
286 THE WRITINGS OF [1786
TO JAMES MADISON. MAD. MSS.
RICHM?, NovT 16, 1786.
HON? SIR, — Mr. Anderson in answer to your en
quiries tells me that you shall have goods at 87^ per
G and that he will take Tob? for his brother if it be
ready by the ioth of next month.
The H. of Delegates have done little since my last,
and what was then done is still ineffectual for want of
a Senate. A proposition for stopping the receipt of
indents was made, and met with so little countenance
that it was withdrawn. They will continue to be re
ceivable as far as the law now permits, and those who
have them not would do well to provide them. A bill
is depending which makes Tob? receivable in lieu of
the specie part of the current tax, according to its
value at the different Warehouses. Whether it will
pass or not is uncertain. I think it most probable
that it will pass. Nothing has yet been done as to
the certificate tax. I have sent Mr. R. Taylor his
French Diet? by Mr Pannel, its price was 4^. With
best regards to the family I remain
Yr dutiful Son
I have a letter from Mr. J. Smith giving me the
first information that J. W. & J. M. are not to return
to the Academy, and asking for the balance. I hope
my brother F. has taken steps for remitting his.
TO HENRY LEE.
(Copy)
RICHMOND, Nov. 23"? 1786.
DEAR SIR, — I have received your favor of the nth
Instant. — Having never felt an intermission of my
1 7 86] JAMES MADISON. 287
regard for you I cannot be insensible either to the
friendship which it speaks on your part or the failure
of it, which it supposes on mine — That the latter sen
timent should have resulted from a communication
which could have no motive but one that ought to
have prevented such a consequence, may well fill me
with surprise — To the former, as well as to my own
feelings, I owe an explanation which might perhaps be
put into a more striking dress, if I were less unused
to that mode of justifying my friendships — I observe
in the first place, that I was not fully aware of the ex
tent to which the event shewed that prejudices had
been diffused against you — and that my intimations
on that head were meant only to break the force of a
disappointment which might fall upon you — This mis
calculation of danger was also more natural as I had
taken it for granted that one of the gentlemen elected
would have been withheld or withdrawn from the
nomination — 2d. that my own nomination was not
suffered to be a bar to any steps in your behalf, which
the occasion seemed to call for, and propriety seemed
to admit — That it was properly a bar to some steps
which in other circumstances might have been taken
will be felt by every man who shuns the imputation
of arrogantly presuming on his own appointment—
and still more arrogantly seeking to annex to it, that
of others with whom he chuses to be associated—
Whenever indeed an assent to my own nomination to
office, shall proceed from no other motive but that of
" supporting the temporary wishes of myself," a pos
sibility only of its interference with the consideration
288 THE WRITINGS OF [1786
of private friendship, shall not fail to recall it — As long
as I continue to be carried into public service by
motives more consonant to my professions, a presiwnp-
tion at least of such an interference will be held a
necessary apology to myself for yielding to that con
sideration — What share the affair of the Mississippi
had in the prejudices raised against you I am not able
to say exactly — As far as I could learn the subject was
little talked of previous to the election, and I believe
your opinions known to but few — As I perceive your
suspicions strongly connect this cause with the injury
you have sustained, I feel a satisfaction in declaring
that in the instances which came within my knowledge,
I made it a point to urge the fact that you had invari
ably obeyed your instructions — that any further in
structions therefore might be safely confided to you,
and that it would be cruel to sacrifice to possible
dangers the feelings of a public servant, who was
charged with no breach of duty whatever, and who in
other respects had gained distinguished honor to him
self and to his country—
In stating these facts I discharge a debt due to truth,
to candour, and to the friendship which has subsisted
between us — The full approbation which my own
mind gives to the part taken by me, leaves nothing to
be added, but a return of my wishes for your health
and happiness-
Adieu, sincerely yrs
Y MADISON JR
Henry Lee Jun. Esq.
Alexandria
1786] JAMES MADISON. 289
TO JAMES MADISON. MAD. MSS.
Nov. 24. 1786.
HOND SIR, — The H. of D. have just past a bill
making Tob? receivable in the tax at the market price
at the several Warehouses to be fixt by the Executive.
There is a proviso that the highest price shall not ex
ceed 28^. An equality of price throughout was con
tended for which I disapproved i. because I think it
would have been unjust. 2 because the bill could
not have been carried in that form. I was not anxious
for its success in any form, but acquiesced in it as it
stands as the people may consider it in the light of an
easement, and as it may prevent some worse project in
the Assembly. I have in my hands about 300 doll" in
indents the property of a friend in Philad* which may
be applied to your taxes at the market value if you
chuse to take them. A call of the House stops me.
TO THOMAS JEFFERSON. MAD. MSS.
RICHM? Decr 4, 1786.
DEAR SIR, — Your last favor which was of the 25*
of April, has already been acknowledged. My last
inclosing a letter from Mr.s Carr, was dated a few
days ago only. It was put into the hands of Mos^
Chevalier who has gone to N. York, whither I shall
forward this to his care. He is to embark in the
packet which will sail on the i5-h inst : The recom
mendation from the meeting at Annapolis of a pleni
potentiary Convention in Philad* in May next has
been well rece? by the Assembly here. Indeed
VOL. II. — IQ
29o THE WRITINGS OF [1786
the evidence of dangerous defects in the confedera
tion has at length proselyted the most obstinate ad
versaries to a reform. The unanimous sanction
given by the Assembly to the inclosed compliance 1
with the Recommendation marks sufficiently the rev
olution of sentiment which the experience of one year
has effected in this Country. The deputies are not
yet appointed. It is expected that Gen! Washington,
the present Govf E. Randolph, Esqr & the late one
M! Henry, will be of the number.2
The project for bartering the Missipi to Spain was
brought before the Assembly after the preceding
measure had been adopted. The report of it having
reached the ears of the Western Representatives, as
many of them as were on the spot, backed by a num
ber of the late officers, presented a memorial, full of
consternation & complaint ; in consequence of which
some very pointed resolutions by way of instruction
to the Delegates in Cong5 were unanimously entered
into by the House of Delegates. They are now be-
1 " Resolved unanimously, That an act ought to pass, in conformity to the re
port of the Commissioners assembled at Annapolis on the I4th of September
last, for appointing Commissioners on the part of this State, to meet Commis
sioners on the part of the other States, in Convention at Philadelphia, on the
second Monday in May next, with powers to devise such further provision as
shall appear to them necessary to render the constitution of the federal govern
ment adequate to the exigencies of the Union ; and to report such an act for
that purpose to the United States in Congress assembled, as when agreed to by
them, and afterwards confirmed by the Legislature of every State, will effect
ually provide for the same."
The resolution was written by Madison. The copy enclosed was contained
in a newspaper clipping.
2 Henry refused to serve. The full Virginia delegation consisted of Madison,
Wythe, Randolph, Mason, Blair and McClurg.
1786] JAMES MADISON. 291
fore the Senate who will no doubt be also unanimous
in their Concurrence.
The question of paper money was among the first
with which the Session opened. It was introduced
by petitions from two Counties. The discussion was
faintly supported by a few obscure patrons of the
measure, and on the vote it was thrown out by 85
vs 1 7. A petition for paying off the public securities
according to a scale of their current prices, was unani-
mously rejected.
The consideration of the Revised Code has been
resumed & prosecuted pretty far towards its conclu
sion. I find however that it will be impossible as
well as unsafe to give an ultimate fiat to the System
at this session. The expedient I have in view is to
provide for a supplemental revision by a comtee
who shall accommodate the bills skipped over, and
the subsequent laws, to such part of the code as has
been adopted, suspending the operation of the latter
for one year longer. Such a work is rendered indis
pensable by the alterations made in some of the bills
in their passage, by the change of circumstances
which call for corresponding changes in sundry bills
which have been laid by, and by the incoherence be
tween the whole code & the laws in force of poste
rior date to the code. This business has consumed
a great deal of the time of two Sessions, and has
given infinite trouble to some of us. We have never
been without opponents who contest at least every
innovation inch by inch. The bill proportioning
crimes & punishments on which we were wrecked
292 THE WRITINGS OF [1786
last year, has after undergoing a number of altera
tions, got thro' a Committee of the whole ; but it has
not yet been reported to the House, where it will
meet with the most vigorous attack. I think the
chance is rather against its final passage in that
branch of the Assembly, and if it should not miscarry
there, it will have another gauntlet to run through the
Senate.
The bill on the subject of Education which could
not safely be brought into discussion at all last year,
has undergone a pretty indulgent consideration this.
In order to obviate the objection from the inability of
the Country to bear the expence, it was proposed that
it should be passed into a law, but its operation
suspended for three or four years. Even in this
form however there would be hazard in pushing it
to a final question, and I begin to think it will be
best to let it lie over for the supplemental Re-
visors, who may perhaps be able to put it into
some shape that will lessen the objection of ex-
pence. I should have no hesitation at this policy
if I saw a chance of getting a Committee equal to
the work of compleating the Revision. Mf Pen-
dleton is too far gone to take any part in it. Mr.
Wythe I suppose will not decline any duty which
may be imposed on him, but it seems almost cruel
to tax his patriotic zeal any farther. Mr Blair is
the only remaining character in which full confi
dence could be placed.
The delay in the administration of Justice from the
accumulation of business in the Gen1 Court, and de-
1786] JAMES MADISON. 293
spair of obtaining a reform according to the Assize
plan, have led me to give up this plan in favor of
district Courts ; which differ from the former in being
clothed with all the powers of the Gen! Court within
their respective districts. The bill on the latter plan
will be reported in a few days and will probably tho'
not certainly be adopted.
The fruits of the impolitic measures taken at the
last Session with regard to taxes are bitterly tasted
now. Our Treasury is empty, no supplies have gone
to the federal treasury, and our internal embarrass
ments torment us exceedingly. The present Assembly
have good dispositions on the subject, but some time
will elapse before any of their arrangements can be
productive. In one instance only the general prin
ciples of finance have been departed from. The
specie part of the tax under collection is made payable
in Tob° This indulgence to the people as it is called
& considered was so warmly wished for out of doors,
and so strenuously pressed within that it could not be
rejected without danger of exciting some worse pro
ject of a popular cast. As Tob° alone is made corn-
mutable, there is reason to hope the public treasury
will suffer little if at all. It may possibly gain.
The Repeal of the port bill has not yet been at
tempted. Col. Mason has been waited for as the hero
of the attack. As it is become uncertain whether he
will be down at all, the question will probably be
brought forward in a few days. The repeal were he
present would be morally certain. Under the disad
vantage of his absence it is more than probable. The
294 THE WRITINGS OF [1786
question of British debts has also awaited his patron
age. I am unable to say what the present temper is on
that subject, nothing having passed that could make
trial of it. The repeated disappointments I have sus
tained in efforts in favor of the Treaty make me ex
tremely averse to take the lead in the business again.
The public appointm1.5 have been disposed of as fol
lows : The contest for the chair lay between Col.
Bland & M5 Prentis. The latter prevailed by a
majority of near 20 votes. Mr Harrison the late
Speaker lost his election in Surry which he repre
sented last year ; and since has been equally unsuc
cessful in his pristine County Charles City where he
made a second experiment. In the choice of a Gov
ernor Mf E. Randolph had a considerable majority
of the whole on the first ballot. His competitors
were Col. Bland & R. H. Lee, each of whom had be
tween 20 & 30 votes. The delegation to Cong? con
tained under the first choice Grayson, Carrington, R.
H. Lee, Mr. Jones & myself. Col. H. Lee of the
last delegation was dropt. The causes were differ
ent I believe & not very accurately known to me.
One of them is said to have been his supposed heter
odoxy touching the Missipp.' Mr Jones has since
declined his appointing & Col. Lee has been rein
stated by an almost unanimous vote. A vacancy in
the Council produced by the Resignation of Mr.
Roane is filled by Mr. Boiling Starke. Cyrus Griffin
was a candidate but was left considerably in the rear.
The Attorney Generalship has been conferred on Col.
Innes. Mi" Marshall had a handsome vote.
1786] JAMES MADISON. 295
Our summer & fall have been wet beyond all im
agination in some places, and much so everywhere.
The crops of corn are in general plentiful. The price
up the country will not exceed Ss or IDS. In this
district it is scarcest & dearest, being already as high
as 1 2s or 15^. The crop of Tob° will fall short con
siderably it is calculated of the last year's. The
highest & lowest prices in the Country of the new
crop are 25^ & 2os. A rise is confidently expected.
My next will be from N. Y. whither I shall set out
as soon as the principal business of the Session is
over. Till my arrival there I postpone communica
tions relative to our national affairs, which I shall
then be able to make on better grounds, as well as
some circumstances relative to the affairs of this State,
which the hurry of the present opportunity restrains
me from entering into.
Adieu.
TO GENERAL WASHINGTON. MAD. MSS.
RICHMOND, DecT 7, 1786
DEAR SIR, — Notwithstanding the communications
in your favor of the i8th Ult°, which has remained till
now unacknowledged, it was the opinion of every
judicious friend whom I consulted, that your name
could not be spared from the Deputation to the Meet
ing in May at Philadelphia. It was supposed in the
first place, that the peculiarity of the Mission, and its
acknowledged pre-eminence over every other public
object, may possibly reconcile your undertaking it,
296 THE WRITINGS OF [1786
with the respect which is justly due, & which you wish
to pay, to the late officers of the Army ; and in the
second place, that although you should find that or
any other consideration an obstacle to your attend
ance on the service, the advantage of having your
name in the front of the appointment, as a mark of
the earnestness of Virga, and an invitation to the most
select characters from every part of the Confederacy,
ought at all events to be made use of. In these senti
ments I own I fully concurred, and flatter myself that
they will at least apologize for my departure from
those held out in your letter. I even flatter myself
that they will merit a serious consideration with your
self, whether the difficulties which you enumerate
ought not to give way to them.
The affair of the Mississippi which was brought
before the Assembly in a long Memorial from the
Western members and some of the Officers, has
undergone a full consideration of both Houses. The
Resolutions printed in the papers were agreed to
unanimously in the House of Delegates. In the
Senate, I am told, the language was objected to by
some members, as too pointed. They certainly ex
press in substance the decided sense of the country
at this time on the subject, and were offered in the
place of some which went much farther, and which
were in other respects exceptionable. I am entirely
convinced, from what I observe here, that unless the
project of Congress (for ceding to Spain the Missis
sippi for 25 years) can be reversed, the hopes of
carrying this State into a proper federal system will
1786] JAMES MADISON. 297
be demolished. Many of our most federal leading
men are extremely soured with what has already
passed. Mr. Henry, who has been hitherto the
Champion of the federal cause has become a cold
advocate, and in the event of an actual sacrifice of
the Mississippi by Congress, will unquestionably go
over to the opposite side. I have a letter from Col.
Grayson of late date which tells me that nothing
further has been done in Congress, and one from M*
A. Clarke of New Jersey, which informs me that he
expected every day, instructions from his Legislature
for reversing the vote given by the Delegates of that
State in favor of the project.
The temper of the Assembly at the beginning of
the Session augured an escape from every measure
this year not consonant to the proper principles of
Legislation. I fear now that the conclusion will con
tradict the promising outset. In admitting Tobacco
for a commutable, we perhaps swerved a little from
the line in which we set out. I acquiesced in the
measure myself as a prudential compliance with the
clamours within doors & without, and as a probable
means of obviating more hurtful experiments. I find
however now, that it either had no such tendency, or
that schemes were in embryo which I was not aware
of. A bill for establishing District Courts, has been
clogged with a plan for installing all debts now due,
so as to make them payable in three annual portions.
What the fate of the experiment will be I know not.
It seems pretty certain, that if it fails, the bill will fail
with it. It is urged in support of the measure that it
298 THE WRITINGS OF [1786
will be favorable to debtors and creditors both, and
that, without it the bill for accelerating justice would
ruin the former, and endanger the public repose. The
objections are so numerous, and of such a nature, that
I shall myself give up the bill rather than pay such a
price for it.
With unfeigned affection, &c.
TO JAMES MADISON. MAD. MSS.
RICHM? Dec1: i7'h 1786
HOND SIR, — Yours by Mr Porter has been handed
to me. I have not had an opp? of enquir? of Mr
Anderson concerning the person who is to receive
Tob? for his brother. I mentioned before that the
rate of indents here was about a dollar in the pound.
Whether I can get the certificates for your taxes I
cannot say, nor do I know the rate at which they
pass. Mr Jones has returned hither & declines his
app' to Cong5 Fresh butter will be very acceptable,
the supply sent being already out. No other article
of provisions is wanted, as we dine at a Tavern. I
propose to go from Fred? to N. York in the Stage, &
shall consequently take no horses with me. When I
shall set out I can not decide, but expect to leave this
before Xmas sometime. The representation of the
State in Cong" during the winter will be so precarious
that I shall be able to stay a day or two only in
Orange.1 I have other reasons also of a public nature
1 " The truth is, we have not a government to wield and correct. . . . We
have only four States now on the floor." — Carrington to Madison, from Con
gress, December 18, 1786. Mad. MSS.
1 786] JAMES MADISON. 299,
for wishing to hasten my journey, and a private one
arising from the probable increase of the cold in case
of delay. Tell my brother Ambrose, I wish him to
sound Mf Cowherd as to the possibility of his making
a payment before the first of Jan? instead of the time
fixed. I will abate a reasonable interest, and be
obliged to him into the bargain. My affections to the
family. Y? dutiful son
Y MADISON Jr.
I wish my cloathes so far as they may require little
amendm*5 to be put in order before I get to Orange,
that I may not be detained on that score.
TO JAMES MONROE. MAD. MSS.
RICHMD, Dec1. 2ist, 1786.
DEAR SIR, — Your favor of the i Gainst: came to
hand too late the evening before last to be then an
swered. The payment of the 100 d^s here was perfectly
convenient, and I have put that sum into the hands of
Mr Jones to be applied to the use which you have
directed. This payment added to the 100 d's paid in
Philad? leaves still a balance of 137^ according to my
memoranda which is subject to your further orders.
We hear nothing from any of the other States on the
subject of the federal Convention. The ice seems to
have intercepted totally the Northern communication
for a considerable time past. The Assembly have
been much occupied of late with the bill for district
Courts. On the final question there was a majority
of one ag5' it in fact, though on the count a mistake
3oo THE WRITINGS OF [1786
made the division equal & it fell to the Chair to
decide who passed the bill. The real majority how
ever were sensible of the mistake & refused to agree
to the title, threatening a secession at the same time.
The result was a compromise that the question sd be
decided anew the next morning, when the bill was
lost in a full house by a single voice. It is now pro
posed to extend the Session of the Gen! Court so as
to accelerate the business depending there. We hear
that Maryland is much agitated on the score of paper
money the H. of Delegates having decided in favour
of an emission. Adieu. Yr.s Aff?
TO GEORGE WASHINGTON. MAD. MSS.
RICHMOND, Decr 24, 1786.
DEAR SIR, — Your favor of the i6th instant came
to hand too late on thursday evening to be answered
by the last mail. I have considered well the circum
stances which it confidentially discloses, as well as
those contained in your preceding favor.1 The diffi
culties which they oppose to an acceptance of the
appointment in which you are included can as little
be denied, as they can fail to be regretted. But I
1 Washington declined re-election to the presidency of the Society of the
Cincinnati, chiefly because he did not wish to participate in a contest over a
proposed change in the plan of the society, which was to be discussed at
the meeting to be held at Philadelphia in May. He gave, as his reasons for
not attending, his occupations, his precarious health, and that he desired to live
in retirement. To serve in the federal convention when the Cincinnati were
in session might put him in a false position. He finally yielded, however, to
the pleadings of his friends. Washington to Madison, December 16, 1786,
Ford's Writings of Washington, II, q2, ct seq.
1786] JAMES MADISON. 301
still am inclined to think that the posture of our
affairs, if it should continue, would prevent every
criticism on the situation which the contemporary
meetings would place you in ; and that at least a
door could be kept open for your acceptance here
after, in case the gathering clouds became so dark &
menacing as to supersede every consideration but
that of our national existence & safety. A suspence
of your ultimate determination would be nowise in
convenient in a public view, as the Executive are
authorised to fill vacancies ; and can fill them at any
time ; and, in any event, three out of seven deputies
are authorized to represent the State. How far it
may be admissible in another view, will depend per
haps in some measure on the chance of your finally
undertaking the service ; but principally on the corre
spondence which is now passing on the subject between
yourself and the Governor.
Your observations on Tobacco as a commutable in
the taxes are certainly just & unanswerable. My ac
quiescence in the measure was against every general
principle which I have embraced, and was extorted
by a fear that some greater evil under the name of
relief to the people would be substituted. I am far
from being sure however that I did right. The other
evils contended for have indeed been as yet parried,
but it is very questionable whether the concession in
the affair of the Tob? had much hand in it. The
original object was paper money. Petitions for gradu
ating certificates succeeded. Next came instalments.
And lastly a project for making property a tender for
302 THE WRITINGS OF [1786
debts at j- of its value. All these have been happily
got rid of by very large majorities. But the positive
efforts in favor of Justice have been less successful.
A plan for reforming the administration in this branch
accommodated more to the general opinion than the
Assize plan got as far as the third reading, and was
then lost by a single vote. The Senate would have
passed it readily, and would have even added amend
ments of the right complexion. I fear it will be some
time before this necessary reform will again have a
fair chance. Besides some other grounds of appre
hension, it may well be supposed that the Bill which
is to be printed for consideration of the public, will,
instead of calling forth the sanction of the wise &
virtuous, be a signal to interested men to redouble
their efforts to get into the Legislature. The Revenue
business is still unfinished. The present rage seems
to be to draw all our income from trade. From the
sample given of the temper of the House of Delegates
on this subject, it is much to be feared that the duties
will be augmented with so daring a hand, that we
shall drive away our trade instead of making it tribu
tary to our treasury. The only hope that can be in
dulged is that of moderating the fury. The Port bill
was defended against a repeal by about 70 votes
against about 40. The revised code is not quite
finished and must receive the last hand from a suc
ceeding assembly. Several bills of consequence be
ing rendered unfit to be passed in their present form
by a change of circumstances since they were pre
pared, necessarily require revision. Others as the
1787] JAMES MADISON. 303
Education bill &c are thought to be adapted only
to a further degree of wealth and population. Others,
as the Execution bill which subjects lands to debts,
do not find yet an adequate patronage. Several bills
also, and particularly the bill relating to crimes &
punishments, have been rejected, and require recon
sideration from another assembly. This last bill
after being purged of its objectionable peculiarities,
was thrown out on the third reading by a single vote.
It will little elevate your idea of our Senate to be
told that they negatived the bill defining the privileges
of ambassadors, on the principle, as I am told, that
an alien ought not to be put on better ground than
a citizen. British debts have not yet been men
tioned, and probably will not, unless Congress say
something on the matter before the adjournment.
With every sentiment of esteem &c &c.
TO EDMUND PENDLETON. Mad. Mss.
RICHMOND, Jan? gth, 1787.
MY DEAR SIR, — Your favor of the 9^ ult, has been
so long on hand unanswered that I can not now ac
knowledge it without observing in the apology for the
delay that I waited for some measures of which I
wished to communicate the event. The district bill
of which I formerly made mention, was finally thrown
into a very curious situation, and lost by a single voice.
I refer you for its history to Col. Pendleton, who was
here at the time and is now with you. An attempt
has been since made to render the General Court more
3o4 THE WRITINGS OF [1787
efficient by lengthening its terms, and transferring the
criminal business to the Judges of the Admiralty. As
most of the little motives which co-operated with a dis
like to Justice, in defeating the District Bill happened
to be in favour of the subsequent attempt, it went
through the House of Delegates by a large Majority.
The Senate have disappointed the majority infinitely
in putting a negative on it, as we just learn that they
have done, by a single voice. An amendment of the
County Courts has also been lost, through a disagree
ment of the two Houses on the subject. Our merit
on the score of Justice has been entirely of the nega
tive kind. It has been sufficient to reject violations
of this cardinal virtue, but not to make any positive
provisions in its behalf.
The revised code has not been so thoroughly passed
as I hoped at the date of my last. The advance of
the Session, the coldness of a great many, and the dis
like of some to the subject, required that it should be
pressed more gently than could be reconciled with a
prosecution of the work to the end. I had long fore
seen that a supplemental revision as well of some of
the articles of the Code, as of the laws passed since it
was digested, would become necessary, and had settled
a plan for the purpose with myself. This plan was
to suspend the laws adopted from the code, until the
supplement could be prepared, and then to put the
whole in force at once. Several circumstances satis
fied me of late that if the work was put within the
reach of the next assembly, there would be danger
not only of its being left in a mutilated state, but of
1787] JAMES MADISON. 305
its being lost altogether. The observations in your
favor above acknowledged, encouraged me to propose
that the parts of the code adopted should take effect
without waiting for the last hand to it. This idea has
been pursued, and the bills passed at the last Session
are to comence as then determined, those passed at
the present being suspended until July next. I would
myself have preferred a suspension of the former also
till July, for the sake of a more thorough promulga
tion, and of a cotemporary introduction of the laws
many of which are connected together ; but the Senate
thought otherwise, and in a ticklish stage of the Ses
sion, the friends of the code in the H. of D. joined
me in opinion that it would be well to create no un
necessary delays or disagreements. I have strong
apprehensions that the work may never be systemati
cally perfected for the reasons which you deduce from
our form of Government. Should a disposition how
ever continue in the Legislature as favorable as it has
been in some stages of the business, I think a succes
sion of revisions, each growing shorter than the pre
ceding, might ultimately bring a completion within
the compass of a single Session. At all events, the
invaluable acquisition of important bills prepared at
leisure by skilful hands, is so sensibly impressed on
thinking people by the crudeness and tedious discus
sion of such as are generally introduced, that the ex-
pence of a continued revision will be thought by all
such to be judiciously laid out for this purpose alone.
The great objection which I personally feel arises from
the necessity we are under of imposing the weight of
VOL. II. — 20
306 THE WRITINGS OF [1787
these projects on those whose past services have so
justly purchased an exemption from future labours.
In your case the additional consideration of ill health,
became almost an affair of Conscience, and I have
been no otherwise able to stifle the remorse of having
nominated you along with Mr Wythe and Mr Blair
for reviewing the subject left unfinished, than by re
flecting that your colleagues will feel every disposition
to abridge your share of the burden, and in case of
such an increase of your infirmity as to oblige you to
renounce all share, that they are authorised to ap
point to, I will not say toyf//, the vacancy. I flatter
myself that you will be at least able to assist in gen
eral consultations on the subject, and to adjust the
bills unpassed to the changes which have taken place
since they were prepared. On the most unfortunate
suppositions my intentions will be sure to find in your
benevolence a pardon for my error.
The Senate have saved our commerce from a
dreadful blow which it would have sustained from a
bill passed in the H. of D. imposing enormous duties,
without waiting for the concurrence of the other States
or even of Maryland. There is a rage at present for
high duties, partly for the purpose of revenue, partly
of forcing manufactures, which it is difficult to resist.
It seems to be forgotten in the first case that in the
arithmetic of the customs as Dean Swift observes 2
& 2 do not make four ; and in the second that man
ufactures will come of themselves when we are ripe
for them. A prevailing argument among others on
the subject is that we ought not to be dependent on
1787] JAMES MADISON. 307
foreign nations for useful articles, as the event of a
war may cut off all external supplies. This argument
certainly loses its force when it is considered that in
case of a war hereafter, we should stand on a very
different ground from what we lately did. Neutral
Nations, whose rights are becoming every day more
& more extensive, would not now suffer themselves
to be shut out from our ports, nor would the hostile
Nation presume to attempt it. As far as relates to
implements of war which are contraband, the argu
ment for our fabrication of them is certainly good.
Our latest information from the Eastwl has not re
moved our apprehensions of ominous events in that
quarter. It is pretty certain that the seditious party
has become formidable in the Gov^ and that they have
opened a comunication with the viceroy of Canada.
I am not enough acquainted with the proceedings of
Congress to judge of some of the points, which you
advert to. The regulations of their land office have
appeared to me nearly in the light in which they do
to you. I expect to set out in a few days for N.
York, when I shall revive my claim to a correspond
ence which formerly gave me so much pleasure and
which will enable me perhaps to answer your queries.
The end of my paper will excuse an abrupt but
affect6 Adieu.
TO THOMAS JEFFERSON. MAD. MSS.
NEW YORK, Febv isth, 1787.
DEAR SIR, My last was from Richmond, of the 4l.h
of December, and contained a sketch of our legislative
3o8 THE WRITINGS OF [1787
proceedings prior to that date. The principal pro
ceedings of subsequent date relate as nearly as I can
recollect Ist, to a rejection of the Bill on crimes &
punishments, which after being altered so as to re
move most of the objections as was thought, was lost
by a single vote. The rage agst Horse stealers had a
great influence on the fate of the bill. Our old bloody
code is by this event fully restored, the prerogative of
conditional pardon having been taken from the Ex
ecutive by a judging of the Court of Appeals, and the
temporary law granting it to them having expired and
been left unrevived. I am not without hope that the
rejected bill will find a more favorable disposition in
the next Assembly. 2dly. To the bill for diffusing
knowledge, it went through two readings by a small
majority and was not pushed to a third one. The
necessity of a systematic provision on the subject was
admitted on all hands. The objections agst that par
ticular provision were i. the expence, wch was alledged
to exceed the ability of the people 2. the difficulty of
executing it in the present sparse settlement of the
Country. 3. the inequality of the districts as con
tended by the Western members. The last objection
is of little weight and might have been easily removed
if it had been urged in an early stage of the discus
sion. The bill now rests on the same footing with
the other unpassed bills in the Revisal. 3dly. To the
Revisal at large. It was found impossible to get
thro' the system of the late Session, for several rea
sons, i. the changes which have taken place since
its compilement, in our affairs and our laws ; particu-
1787] JAMES MADISON. 309
larly those relating to our Courts, called for changes
in some of the bills which could not be made with
safety by the Legislature. 2. The pressure of other
business which tho' of less importance in itself, yet
was more interesting for the moment. 3. the alarm
excited by an approach toward the Execution Bill,
which subjects land to the payment of debts. This
bill could not have been carried, was too important to
be lost, and even too difficult to be amended without
destroying its texture. 4. the danger of passing the
Repealing Bill at the end of the Code, before the op
eration of the various amendments, &c., made by the
Assembly could be leisurely examined by competent
Judges. Under these circumstances it was thought
best to hand over the residue of the work to our suc
cessors, and in order to have it made compleat, Mr.
Pendleton, Mr. Wythe, & Blair, were app<! a Com
mittee to amend the unpassed bills & also to prepare
a supplemental revision of the laws which have been
passed since the original work was executed. It be
came a critical question with the friends of the Re-
visal whether the parts of the Revisal actually passed
shd be suspended in the mean time, or left to take
their operation. The first plan was strongly recom
mended by the advantage of giving effect to the sys
tem at once, and by the inconveniency arising from
the latter of leaving the old laws to a constructive re
peal only. The latter notwithstanding was preferred
as putting the adopted bills out of the reach of a suc
ceeding Assembly, which might possibly be unfriendly
to the system altogether. There was good reason to
3io THE WRITINGS OF [1787
suspect Mr. Henry who will certainly be then a mem
ber. By suffering the bills which have passed to take
effect in the mean time it will be extremely difficult
to get rid of them. 4thly. Religion. The Act incor
porating the protestant Episcopal Church excited the
most pointed opposition from the other Sects. They
even pushed their attacks ags.1 the reservation of the
Glebes &c., to the church exclusively. The latter cir
cumstance involved the Legislature in some embar
rassment. The result was a repeal of the Act, with
a saving of the property. 5th. The district Courts.
After a great struggle they were lost in the House of
Delegates by a single voice. 6thly. taxes ; the at
tempts to reduce former taxes were baffled, and sundry
new taxes added, on lawyers, ^ of their fees, on Clks
of Courts, \ of do., on doctr.s a small tax, a tax on
houses in towns so as to level their burden with that
of real estate in the country, very heavy taxes on
riding carriages, &c. Besides these an additional
duty of 2 per Cr. ad valorem on all merchandizes im
ported in vessels of nations not in treaty with the U.
S. an add! duty of 4? on every gallon of wine except
French wines and of 2? on every gallon of distilled
Spirits except French brandies which are made duty
free. The exceptions in favor of France were the
effect of the sentiments & regulations communicated
to you by MT Calonne. A printed copy of the com
munication was recd the last day of the session in a
newspaper from N. York, and made a warm impres
sion on the Assembly. Some of the taxes are liable
to objections, and were much complained of. With
1787] JAMES MADISON. 311
the additional duties on trade they will considerably
enhance our revenue. I should have mentioned a
duty of 6s. per Hh? on Tob° for complying with a
special requisition of Cong5 for supporting the corps
of men raised for the public security. 7th. the Mis
sissippi. At the date of my last the House of
Delegates only had entered into Resolutions ags* a
surrender of the right of navigating it. The Senate
shortly after concurred. The States South of Virgf
still adhere as far as I can learn to the same ideas as
have governed Virginia. N. Jersey one of the States
in Congress which was on the opposite side has now
instructed her Delegates ag5t surrendering to Spain
the navigation of the River even for a limited time.
And Pen? it is expected will do the same. I am told
that Mr. Jay has not ventured to proceed in his project^
and I suppose will not now do it1. 8th. the Conven
tion for amending the federal Constitution. At the
date of my last Virg? had passed an Act for appoint
ing deputies. The deputation consists of Gen! Wash
ington Mi" Henry, late Govr, Mf Randolph present
Gov^ Mf Blair M? Wythe Col. Mason & Js M. N.
Carol? has also made an app*, including her present &
late Gov*. S. C. it is expected by her delegates in
Cong5, will not fail to follow these examples. Mary
land has determined I just hear to app* but has not
yet agreed on her deputies. Delaware, Penna, & N.
Jy, have made respectable appointmts. N. York has not
yet decided on the point. Her Assembly has just re
jected the impost which has an unpropitious aspect.
1 Cypher.
312 THE WRITINGS OF [1787
It is not clear however that she may not yet accede
to the other measure. Connecticut has a great aver
sion to Conventions, and is otherwise habitually dis
inclined to abridge her State prerogatives. Her
concurrence nevertheless is not despaired of. Mass*.5
it is said will concur, though hitherto not well in
clined. N. Hampshire will probably do as she does.
Rhode Island can be relied on for nothing that is
good. On all great points she must sooner or later
bend to Mass'.8 and Connecticut.
Having but just come to this place I do not under
take to give you any general view of American affairs,
or of the particular State of things in Massts. The
omission is probably of little consequence as informa
tion of this sort must fall within your correspondence
with the office of foreign affairs. I shall not however
plead this consideration in a future letter, when I hope
to be more able to write fully.
M* Fitzhugh has paid into my hands for your
use ,£58-6-8 Virga Currency in discharge of 1000
livres advanced to him in France. He was anxious
to have settled it according to the actual exchange
instead of the legal one of 33! on the British stand
ard, and even proposed the addition of Interest. I
did not hesitate to conclude that I should fulfill your
intentions by rejecting both. I have sent to Mrs
Carr ^25 for the use of your nephews as you directed.
The balance is in my hands subject to your orders
tho' I shall venture to apply it in the same way if I
sh? be apprised of its being necessary to prevent in
terruption to the studies of the Young gentlemen.
1787] JAMES MADISON. 313
My last informed you of the progress &c. of Master
Peter. I have since rec*? from the preset of Hampden
Sydny a letter containing the following paragraph
" Dabney Carr is a boy of very promising genius &
very diligent application. He conducts himself with
a good deal of prudence, & I hope will answer the ex
pectations of his friends. I was afraid at first that he
was dull or indolent from his appearance, but I find
myself agreeably disappointed. His principal study
at present is the Latin language, but he is also obliged
to pay some attention to his native tongue.
I remain Df Sir Yr AfTecte friend
TO GEORGE WASHINGTON. WASH. MSS.
NEW YORK Feby 21, 1787.
DEAR SIR, — Some little time before my arrival here
a quorum of the States was made up and Gen! Sinclair
put in the Chair. We have at present nine States on the
ground, but shall lose South Carolina to-day. Other
States are daily expected. What business of moment
may be done by the present or a fuller meeting is un
certain.1 The objects now depending and most im
mediately in prospect are i. The Treaty of peace.
The Secretary of foreign Affairs has very ably re
ported a view of the infractions on both sides, his
1 " Mr. James Madison, a delegate from Virginia, produced his credentials,
by which it appears, that on the 7th of November last, he was appointed a dele
gate to serve in Congress until the first Monday in November, 1787." — Jour
nals of Congress, February 12, 1787, vol. xii., p. 9. (Ed. 1801.)
3i4 THE WRITINGS OF [1787
exposition of the contested articles, and the steps pro
per to be taken by Congress. I find what I was not be
fore apprized of that more than one infraction on our
part, preceded even the violation on the other side in
the instance of the Negroes. Some of the reasoning
on the subject of the debts would be rather grating
to Virginia. A full compliance with the Treaty ac
cording to judicial constructions, and as a ground for
insisting on a reciprocal compliance, is the proposi
tion in which the Report terminates. 2. a Recom
mendation of the proposed Convention in May.
Cong- have been much divided and embarrassed on
the question whether their taking an interest in the
measure would impede or promote it. On one side
it has been urged that some of the backward States
have scruples ag5.' acceding to it without some consti
tutional sanction ; on the other that other States will
consider any interference of Cong* as proceeding
from the same views which have hitherto excited
their jealousies. A vote of the Legislature here en
tered into yesterday will give some relief in the case.
They have instructed their delegates in Cong5 to
move for the recomendation in question. The vote
was carried by a majority of one only in the Senate,
and there is room to suspect that the minority were
actuated by a dislike to the substance rather than by
' any objections ags.c the form of the business. A large
Majority in the other branch a few days ago put a
definitive veto on the Impost. It -would seem as if
the politics of this State are directed by individual
interests and plans, which might be incommoded by
I
1787] JAMES MADISON. 315
the controul of an efficient federal Government. The
four States North of it are still to make their decision
on 'the subject of the Convention. I am told by one
of the Mass5.1 delegates that the Legislature of that
State which is now sitting, will certainly accede and
appoint deputies if Cong? declare their approbation
of the measure. I have similar information that Con
necticut will probably come in, though it is said that
the interference of Congress will rather have a con
trary tendency there. It is expected that S. Carolina
will not fail to adopt the plan, and that Georgia is
equally well disposed. All the intermediate States
between the former and N. York have already ap
pointed deputies, except Maryland which it is said
means to do it, and has entered into some vote which
declares as much. Nothing has yet been done by
the New Cong5, with regard to the Mississippi. Our
latest information from Mass1.5 gives hopes that the
meeting or as the Legislature there now style it, the
Rebellion is nearly extinct. If the measures however
on foot for disarming and disfranchising those con
cerned in it should be carried into effect, a new crisis
may be brought on. I have not been here long
enough to gather the general sentiments of leading
characters touching our affairs & prospects. I am
inclined to hope that they will gradually be concen
tered in the plan of a thorough reform of the existing
system. Those who may lean towards a Monarchial
Gov', and who I suspect are swayed by very indi
gested ideas, will of course abandon an unattainable
object whenever a prospect opens of rendering the
316 THE WRITINGS OF [1787
Republican form competent to its purposes. Those
who remain attached to the latter form must soon
perceive that it cannot be preserved at all under any
modification which does not redress the ills experi
enced from our present establishments. Virginia is
the only State which has made any provision for the
late moderate but essential requisition of Cong!, and
her provision is a partial one only.
This would have been of earlier date, but I have
waited for more interesting subjects for it. I shall
do myself the pleasure of repeating the liberty of
dropping you a few lines as often as proper occasions
arise, on no other condition however than your waiv
ing the trouble of regular answers or acknowledge
ments on your part.
With the greatest respect and Affection I am
DrSir
Y1: Obed1 friend & Serv'.
TO EDMUND PENDLETON. MAD. MSS.
NEW YORK, Feby 24, 1787
DEAR SIR, — If the contents of the Newspapers of
this place find their way into the gazettes of Rich
mond you will have learnt that the expedition of
Gen! Lincoln against the insurgents has effectually dis
persed the main body of them. It appears however
that there are still some detachments which remain to
be subdued, & that the Government of Massts con
sider very strong precautions as necessary agst farther
eruptions. The principal incendiaries have unluckily
1787] JAMES MADISON. 317
made off. By some it is said that they are gone to
Canada ; by others that they have taken shelter in
Vermont, and by some that they are opening a com
munication with the upper parts of this State. The
latter suggestion has probably some color, as the Gov
ernor here has thought proper to offer rewards for
them after the example of Govr Bowdoin. We have
no interesting information from Europe.
The only step of moment taken by Cong?, since my
arrival has been a recommendation of the proposed
meeting in May for revising the federal articles.
Some of the States, considering this measure as an ex
tra-constitutional one, had scruples ags.c concurring in
it without some regular sanction. By others it was
thought best that Cong? should remain neutral in the
business, as the best antidote for the jealousy of an
ambitious desire in them to get more power into their
hands. This suspense was at length removed by an
instruction from this State to its delegates to urge a
Recommendatory Resolution in Congress which ac
cordingly passed a few days ago.1 Notwithstanding
this instruction from N. York, there is room to sus
pect her disposition not to be very federal, a large
majority of her House of delegates having very lately
entered into a definite refusal of the impost, and the
1 February 21, " Congress having had under consideration the letter of John
Dickinson, Esq ; chairman of the commissioners, who assembled at Annapolis,
during the last year ; also the proceedings of the said commissioners, and en
tirely coinciding with them, as to the inefficiency of the federal government,
and the necessity of devising such farther provisions as shall render the same
adequate to the exigencies of the union, do strongly recommend to the different
legislatures to send forward delegates, to meet the proposed convention, on the
second Monday in May next, at the city of Philadelphia." On motion of the
3i8 THE WRITINGS OF [1787
instruction itself having passed in the Senate by a cast
ing vote only. In consequence of the sanction given
by Cong5, Mass1.5 it is said will send deputies to the
Convention, and her example will have great weight
with the other N. England States. The States from
N. Ca. to N. Jersey inclusive have made their appoint
ments, except Mary?, who has as yet only determined
that she will make them. The gentlemen here from
S. C* & Georgia, expect that those States will follow
the general example. Upon the whole therefore it
seems probable that a meeting will take place, and that
it will be a pretty full one. What the issue of it will
be is among the other arcana of futurity and nearly as
inscrutable as any of them. In general I find men
of reflection much less sanguine as to the new than
despondent as to the present System. Indeed the
Present System neither has nor deserves advocates ;
and if some very strong props are not applied, will
quickly tumble to the ground. No money is paid into
the public Treasury ; no respect is paid to the federal
authority. Not a single State complies with the re
quisitions ; several pass them over in silence, and some
positively reject them. The payments ever since the
peace have been decreasing, and of late fall short even
Massachusetts delegates the following was substituted : ' ' Resolved, That in the
opinion of Congress, it is expedient, that on the second Monday in May next, a
convention of delegates, who shall have been appointed by the several states,
be held at Philadelphia, for the sole and express purpose of revising the articles
of confederation, and reporting to Congress and the several legislatures, such al
terations and provisions therein, as shall, when agreed to in Congress, and con
firmed by the States, render the federal constitution adequate to the exigencies
of Government, and the preservation of the Union." — Journals of Congress,
xii., 13, 14. (Ed. 1801.)
1787] JAMES MADISON. 319
of the pittance necessary for the Civil list of the Con
federacy. It is not possible that a government can
last long under these circumstances. If the approach
ing convention should not agree on some remedy, I
am persuaded that some very different arrangement
will ensue. The late turbulent scenes in Mass1.8 & in
famous ones in Rhode Island, have done inexpressible
injury to the republican character in that part of the
U. States ; and a propensity towards Monarchy is said
to have been produced by it in some leading minds.1
The bulk of the people will probably prefer the lesser
evil of a partition of the Union into three more prac
ticable and energetic Governments. The latter idea I
find after long confinement to individual speculations
& private circles, is beginning to shew itself in the
Newspapers. But tho' it is a lesser evil, it is so
great a one that I hope the danger of it will rouse all
1 " Extract of a letter from a Gentleman in Boston of the 4^ March 1787 to
R. King
" has come back from Virginia with news that the commissioners on the
part of New York alarmed the Virginia Delegates, with an account that the
Commissioners on the part of Massachusetts were for a monarchy ; that those
Delegates wrote their Legislature of it, who shut their Galeries and made a
most serious Business of the matter — pray let me know by the next post what
you hear of this, and what has been said —
"The Commissioners alluded to, are those who settled the late Territorial
Controversy between Massachusetts & New York —
" Mr. King presents his compliments to Col. Grayson & M* Madison, and for
the satisfaction of his friend, who wrote the Letter, from which the above is an
Extract, begs to be informed whether they have any knowledge of a letter
written by the Delegates of Virginia or any of them, containing the information
suggested in the Extract, or of any proceedings of the Virginia Legislature of
the nature alleged.
" Monday morn?
" ii Mar. 1787." Mad. MSS.
320 THE WRITINGS OF [1787
the real friends of the Revolution to exert themselves
in favor of such an organization of the confederacy
as will perpetuate the Union, and redeem the honor of
the Republican name.
I shall follow this introductory letter with a few
lines from time to time as a proper subject for them
occurs. The only stipulation I expect on your part is
that you will not consider them as claiming either
answers or acknowledgements ; and that you will be
lieve me to be, with sincerest wishes for your health
and every other happiness,
Y5 affect6 friend & serv!
TO GEORGE WASHINGTON. WASH. MSS.
NEW YORK March 18* 1787.
DEAR SIR, — Recollecting to have heard you men
tion a plan formed by the Empress of Russia for a
comparative view of the aborigines of the New Conti
nent, and of the N. E. parts of the old, through the
medium of their respective tongues, and that her
wishes had been conveyed to you for your aid in ob
taining the American vocabularies, I have availed my
self of an opportunity offered by the kindness of Mi"
Hawkins, of taking a copy of such a sample of the
Cherokee & Choctaw dialects as his late commission
to treat with them enabled him to obtain, and do my
self the honor now of inclosing it. I do not know
how far the list of words made use of by Mr Hawkins
may correspond with the standard of the Empress,
nor how far nations so remote as the Cherokees &
1787] , JAMES MADISON. 321
Choctaws from the N. W. shores of America, may fall
within the scheme of comparison. I presume how
ever that a great proportion at least of the words will
answer, and that the laudable curiosity which sug
gests investigations of this sort will be pleased with
every enlargement of the field for indulging it. Not
finding it convenient to retain a copy of the inclosed
as I wished to do for myself, I must ask the favor of
your amanuensis to perform that task for me.
The appointments for the Convention go on very
successfully. Since the date of my last, Georgia, S.
Carolina, N. York, Massts, & N. Hampshire have
come into the measure. Georgia & N. Hampshire
have constituted their Delegates in Cong? their rep
resentatives in Convention. S. Carolina has appointed
Mr J. Rutledge, Gen! Pinkney, Mr Laurens, Major
Butler and Mr Cha? Pinkney, late member of Cong?.
The deputies of Mass'.5 are Mr Dana, Mr King, Mf
Ghoram, Mr Gerry, Mr Strong. I am told that a
Resolution of the Legislature of this State which
originated with their Senate lays its deputies under
the fetter of not departing from the 5*.h of the present
articles of Confederation. As this Resolution passed
before the Recommendatory act of Congress was
known, it is conjectured that it may be rescinded ;
but its having passed at all denotes a much great[er]
prevalence of political jealousy in that quarter than
had been imagined. The deputation of N. York con
sists of Col. Hamilton, Judge Yates, and a Mr Lan
sing. The two last are said to be pretty much linked
to the anti federal party here, and are likely of course
VOL. II. — 21.
322 THE WRITINGS OF [1787
to be a clog on their colleague. It is not doubted now
that Connecticut & R. Island will avoid the singularity
of being unrepresented in the Convention.
The thinness of Cong5 has been an obstacle to all
the important business before them. At present there
are nine States on the ground but this number, though
adequate to every object when unanimous, makes a
slow progress in business that requires seven States
only. And I see little prospect of the number being
increased.
By our latest and most authentic information from
Mass1.5, it would seem that a calm has been restored by
the expedition of Gen! Lincoln. The precautions
taking by the State however betray a great distrust of
its continuance. Besides their act disqualifying the
malcontents from voting in the election of members
o
for the Legislature &c. another has been passed for
raising a corps of 1000 or 1500 men, and appropriat
ing the choicest revenues of the Country to its support.
It is said that at least half of the insurgents decline
accepting the terms annexed to the amnesty, and that
this defiance of the law ag5t Treason, is countenanced
not only by the impunity with which they shew them
selves on public occasions, even with insolent badges
of their character, but by marks of popular favor con
ferred on them in various instances in the election to
local offices.
A proposition has been introduced & discussed in
the Legislature of this State for relinquishing its claim
to Vermont, and urging the admission of it into the
Confederacy. As far as I can learn difficulties will
1787] JAMES MADISON. 323
arise only in settling the form, the substance of the
measures being not disliked by any of the parties. It
is wished by those who are not interested in claims to
lands within that district to guard ags.e any responsi
bility in the State for compensation. On the other
side it will at least be insisted that they shall not be
barred of the privilege of carrying their claims before
a federal Court, in case Vermont shall become a party
to the Union. I think it probable if she should not
decline becoming such altogether, that she will make
two conditions if not more : i. that neither her boun
daries nor the rights of her citizens shall be impeach-
able under the 9th art: of Confederation. 2. that no
share of the public debt already contracted shall be
allotted to her.
I have a letter from Col. Jn? Campbel,1 dated at
Pittsburg, from wc!* I gather that the people of that
quarter are thrown into great agitation by the reported
intention of Congf concerning the Mississippi, and
that measures are on foot, for uniting the minds of all
the different settlements which have a common inter
est at stake. Should this policy take effect I think
1 " On my way to this place I met a man from the Settlement on Cumberland
River in North Carolina who had just come by the way of Kentucky. He in
forms me that the minds of all the Western People are agitated on account of
the proposed cession of the Mississippi navigation to Spain every person talks
of it with indignation and reprobates it as a measure of the greatest Injustice
and Despotism declaring that if it takes place they will look upon themselves
released from all Federal Obligations and fully at Liberty to seek alliances &
connections wherever they can find them and that the British Officers at Detroit
have already been tampering with them. I am apprehensive that these matters
will hasten the separation of the District of Kentucky prematurely from the
other part of the State. * * * " John Campbell to Madison, Pittsburgh,
February 21, 1787. Mad. MSS.
324 THE WRITINGS OF [1787
there is much ground to apprehend that the ambition
of individuals will quickly mix itself with the first im
pulses of resentment and interest, that by degrees the
people may be led to set up for themselves, that they
will slide like Vermont insensibly into a communica
tion and latent connection with their British Neigh
bours, and, in pursuance of the same example, make
such a disposition of the Western territory as will
entice into it most effectually emigrants from all parts
of the Union. If these apprehensions be not imagin
ary they suggest many observations extremely inter
esting to Spain as well as to the United States.
I hear from Richmond with much concern that Mf
Henry has positively declined his mission to Philad*.
Besides the loss of his services on that theatre, there
is danger I fear that this step has proceeded from a
wish to leave his conduct unfettered on another theatre
where the result of the Convention will receive its
destiny from his omnipotence.
With every sentiment of esteem & affection I
remain
Dear Sir, your Obed' and very hble Serv'
TO THOMAS JEFFERSON.1
NEW YORK, March igth [iSth], 1787.
DEAR SIR, — My last was of the iith of February,
and went by the packet. This will go to England in
1 From Madison's Works. The correct date of the letter is doubtless March
i8th, as Jefferson acknowledged on June 2Oth the receipt of two letters, dated
respectively March iSth and igth. and this letter evidently preceded the other
letter to Jefferson dated March igth. The letter should be taken in connection
1787] JAMES MADISON. 325
the care of a French gentleman, who will consign it
to the care of Mr. Adams.
The appointments for the Convention go on
auspiciously. Since my last, Georgia, South Carolina,
New York, Massachusetts, and New Hampshire,
have come into the measure. The first and the last
of these States have commissioned their delegates to
Congress as their representatives in Convention.
The deputation of Massachusetts consists of Mess".
Gorham, Dana, King, Gerry, and Strong. That of
New York, Messrs. Hamilton, Yates, and Lansing.
That of South Carolina, Messrs. J. Rutledge, Laur-
ens, Pinckney, (General,) Butler, and Charles Pinck-
ney, lately member of Congress. The States which
have not yet appointed are Rhode Island, Connecti
cut, and Maryland. The last has taken measures
which prove her intention to appoint, and the two
former it is not doubted will follow the example of
their neighbours. I just learn from the Governor of
Virginia that Mr. Henry has resigned his place in the
deputation from that State, and that General Nelson
is put into it by the Executive, who were authorised
to fill vacancies. The Governor, Mr. Wythe, and
Mr. Blair, will attend, and some hopes are entertained
of Col. Mason's attendance. General Washington
has prudently authorised no expectations of his at
tendance, but has not either precluded himself abso
lutely from stepping into the field if the crisis should
demand it.
with that of April 8th to Randolph and April i6th to Washington as developing
Madison's plan of government. See also the letter on the subject of the Ken
tucky constitution, January 6, 1785, to George Muter.
326 THE WRITINGS OF [1787
What may be the result of this political experiment
cannot be foreseen. The difficulties which present
themselves are, on one side, almost sufficient to
dismay the most sanguine, whilst on the other side
the most timid are compelled to encounter them by
the mortal diseases of the existing Constitution.
These diseases need not be pointed out to you, who
so well understand them. Suffice it to say, that they
are at present marked by symptoms which are truly
alarming, which have tainted the faith of the most
orthodox republicans, and which challenge from the
votaries of liberty every concession in favor of stable
Government not infringing fundamental principles,
as the only security against an opposite extreme of
our present situation.
I think myself that it will be expedient, in the first
place, to lay the foundation of the new system in
such a ratification by the people themselves of the
several States as will render it clearly paramount to
their Legislative authorities. 2dly. Over and above
the positive power of regulating trade and sundry
other matters in which uniformity is proper, to arm the
federal head with a negative in all cases ^whatsoever
on the local Legislatures. Without this defensive
power, experience and reflection have satisfied me
that, however ample the federal powers may be made,
or however clearly their boundaries may be deline
ated on paper, they will be easily and continually-
baffled by the Legislative sovereignties of the States.
The effects of this provision would be not only to
guard the national rights and interests against in-
1787] JAMES MADISON. 327
vasion, but also to restrain the States from thwarting
and molesting each other ; and even from oppressing
the minority within themselves by paper money and
other unrighteous measures which favor the interest
of the majority. In order to render the exercise of
such a negative prerogative convenient, an emanation
of it must be vested in some set of men within the
several States, so far as to enable them to give a
temporary sanction to laws of immediate necessity.
3dly. To change the principle of Representation in
the federal system. Whilst the execution of the acts
of Congress depends on the several Legislatures, the
equality of votes does not destroy the inequality of
importance and influence in the States. But in case
of such an augmentation of the federal power as will
render it efficient without the intervention of the
Legislatures, a vote in the general Councils from
Delaware would be of equal value with one from
Massachusetts or Virginia. This change, therefore,
is just. I think, also, it will be practicable. A ma
jority of the States conceive that they will be gainers
by it. It is recommended to the Eastern States by
the actual superiority of their populousness7 and to
the Southern by their expected superiority ; and if a
majority of the larger States concur, the fewer and
smaller States must finally bend to them. This point
being gained, many of the objections now urged in
the leading States against renunciations of power
will vanish. 4thly. To organize the federal powers in
such a manner as not to blend together those which
ought to be exercised by separate departments.
328 THE WRITINGS OF [1787
The limited powers now vested in Congress are fre
quently mismanaged from the want of such a distri
bution of them. What would be the case under an
enlargement not only of the powers, but the number
of the federal Representatives ? These are some of
the leading ideas which have occurred to me, but
which may appear to others as improper as they
appear to me necessary.
TO THOMAS JEFFERSON.1
NEW YORK, March 19, 1787.
DEAR SIR, — Congress have continued so thin as to
be incompetent to the dispatch of the more important
business before them. We have at present nine
States, and it is not improbable that something may
now be done. The report of Mr. Jay on the mutual
violations of the treaty of peace will be among the
first subjects of deliberation. He favors the British
claim of interest, but refers the question to the court.
The amount of the report, which is an able one, is,
that the treaty should be put in force as a law, and
the exposition of it left, like that of other laws, to the
ordinary tribunals.
The Spanish project sleeps. A perusal of the
attempt of seven States to make a new treaty, by
repealing an essential condition of the old, satisfied
me that Mr. Jay's caution would revolt at so irregular
a sanction. A late accidental conversation with
Guardoqui proved to me that the negotiation is
1 From the Madison Papers (1840).
1787] JAMES MADISON. 329
arrested. It may appear strange that a member of
Congress should be indebted to a foreign Minister
for such information, yet such is the footing on which
the intemperance of party has put the matter, that it
rests wholly with Mr. Jay how far he will communi
cate with Congress, as well as how far he will negoti
ate with Guardoqui. But although it appears that
the intended sacrifice of the Mississippi will not be
made, the consequences of the intention and the
attempt are likely to be very serious. I have already
made known to you the light in which the subject
was taken up by Virginia. Mr. Henry's disgust
exceeds all measure, and I am not singular in ascrib
ing his refusal to attend the Convention to the policy
of keeping himself free to combat or espouse the
result of it according to the result of the Mississippi
business, among other circumstances. North Caro
lina also has given pointed instructions to her Dele
gates ; so has New Jersey. A proposition for the
like purpose was a few days ago made in the Legis
lature of Pennsylvania, but went off without a de
cision on its merits. Her Delegates in Congress are
equally divided on the subject. The tendency of
this project to foment distrust among the Atlantic
States, at a crisis when harmony and confidence ought
to have been studiously cherished, has not been more
verified than its predicted effect on the ultramontane
settlements. I have credible information that the
people living on the Western waters are already in
great agitation, and are taking measures for uniting
their consultations. The ambition of individuals will
330 THE WRITINGS OF [1787
quickly mix itself with the original motives of resent
ment and interest. Communication will gradually
take place with their British neighbours. They will
be led to set up for themselves, to seize on the vacant
lands, to entice emigrants by bounties and an exemp
tion from Federal burthens, and in all respects play
the part of Vermont on a large theatre. It is hinted
to me that British partizans are already feeling the
pulse of some of the Western settlements. Should
these apprehensions not be imaginary, Spain may
have equal reason with the United States to rue the
unnatural attempt to shut the Mississippi. Guardoqui
has been admonished of the danger, and, I believe, is
not insensible to it, though he affects to be otherwise,
and talks as if the dependence of Britain on the com
mercial favors of his Court would induce her to play
into the hands of Spain. The eye of France also
cannot fail to watch over the western prospects. I
learn from those who confer here with Otto and De
la Forest, that they favor the opening of the Missis
sippi, disclaiming at the same time any authority to
speak the sentiments of their Court. I find that the
Virginia Delegates, during the Mississippi discussions
last fall, entered into very confidential interviews
with these gentlemen. In one of them the idea was
communicated to Otto of opening the Mississippi for
exports but not for imports, and of giving to France
and Spain some exclusive privileges in the trade.
He promised to transmit it to Vergennes, to obtain
his sentiments on the whole matter, and to com
municate them to the Delegates. Not long since
1787] JAMES MADISON. 331
Grayson called on him, and revived the subject. He
assured Grayson that he had received no answer from
France, and signified his wish that you might pump
the Count de Vergennes, observing that he would
deny to you his having received any information from
America. I discover, through several channels, that
it would be very grateful to the French politicians
here to see our negotiations with Spain shifted into
your hands, and carried on under the mediating
auspices of their Court.
Van Berkel has remonstrated against the late acts
of Virginia, giving privileges to French wines and
brandies in French bottoms, contending that the
Dutch are entitled by their treaty to equal exemp
tions with the most favored nation, without being
subject to a compensation for them. Mr. Jay has
reported against this construction, but considers the
act of Virginia as violating the treaty ; — first, as it
appears to be gratuitous, not compensatory, on the
face of it ; secondly, because the States have no right
to form tacit compacts with foreign nations. No
decision of Congress has yet taken place on the
subject.
The expedition of General Lincoln against the in
surgents has effectually succeeded in dispersing them.
Whether the calm which he has restored will be
durable or not, is uncertain. From the precautions
taking by the Government of Massachusetts, it would
seem as if their apprehensions were not extinguished.
Besides disarming and disfranchising, for a limited
time, those who have been in arms, as a condition of
332 THE WRITINGS OF [1787
their pardon, a military corps is to be raised to the
amount of one thousand or fifteen hundred men, and
to be stationed in the most suspected districts. It is
said that, notwithstanding these specimens of the
temper of the Government, a great proportion of the
offenders choose rather to risk the consequences of
their treason, than submit to the conditions annexed
to the amnesty ; that they not only appear openly on
public occasions, but distinguish themselves by badges
of their character ; and that this insolence is in many
instances countenanced by no less decisive marks of
popular favor than elections to local offices of trust
and authority.
A proposition is before the Legislature of this
State, now sitting, for renouncing its pretensions to
Vermont, and urging the admission of it into the
Confederacy. The different parties are not agreed
as to the form in which the renunciation should be
made, but are likely to agree as to the substance.
Should the offer be made, and should Vermont not
reject it altogether, I think they will insist on two
stipulations at least ; — first, that t.heir becoming par
ties to the Confederation shall not subject their
boundaries, or the rights of their citizens, to be ques
tioned under the ninth Article ; secondly, that they
shall not be subject to any part of the public debts
already contracted.
The Geographer and his assistants have returned
surveys on the Federal lands to the amount of about
eight hundred thousand acres, which it is supposed
would sell pretty readily for public securities, and
1787] JAMES MADISON. 333
some of it, lying on the Ohio, even for specie. It
will be difficult, however, to get proper steps taken
by Congress, so many of the States having lands of
their own at market. It is supposed that this consid
eration had some share in the zeal for shutting the
Mississippi. New Jersey, and some others having
no Western lands, which favored this measure, begin
now to penetrate the secret.
A letter from the Governor of Virginia informs
me, that the project of paper-money is beginning to
recover from the blow given it at the last session of
the Legislature. If Mr. Henry espouses it, of which
there is little doubt, I think an emission will take
place.
TO EDMUND RANDOLPH.1
NEW YORK, March 25, 1787.
DEAR SIR, — I have had the pleasure of your two
favors of the first and seventh instant. The refusal
of Mr. Henry to join in the task of revising the Con
federation is ominous ; and the more so, I fear, if he
means to be governed by the event which you con
jecture. There seems to be little hope, at present,
of being able to quash the proceedings relative to
the affair which is so obnoxious to him,2 though on
the other hand, there is reason to believe that they
will never reach the object at which they aimed.
Congress have not changed the day for meeting at
Philadelphia as you imagine. The act of Virginia,
1 From the Madison Papers (1840). * The Jay project for a treaty with Spain.
334 THE WRITINGS OF [1787
I find, has done so in substituting second day for
the second Monday in May, the time recommended
from Annapolis.
I cannot suppose that Mr. Otto has equivocated
in his explanation to the public touching the Flori-
das. Nothing of that subject has been mentioned
here, as far as I know. Supposing the exchange in
question to have really been intended, I do not see
the inference to be unfavorable to France. Her
views, as they occur to me, would most probably be
to conciliate the Western people, in common with
the Atlantic States, and to extend her commerce, by
reversing the Spanish policy. I have always wished
to see the Mississippi in the hands of France, or of
any nation which would be more liberally disposed
than the present holders of it.
Mr. Jay's report on the treaty of peace has at
length been decided on. It resolves and declares,
that the treaty, having been constitutionally formed,
is the law of the land, and urges a repeal of all laws
contravening it, as well to stop the complaints of
their existing as legal impediments, as to avoid need
less questions touching their validity. Mr. Jay is
preparing a circular address to accompany the Reso
lutions, and the latter will not be forwarded till the
former is ready.
TO JAMES MADISON. MAD. MSS.
N. YORK April i, 1787
HOND SIR, — I have received your favor of the
17^ Feb^ and have made enquiry as to the Andover
1787] JAMES MADISON. 335
Works, not indeed thro' the channel you suggested,
but through one still more direct & authentic. I
find that the works are not pursued with such alacrity
at present as to promise the supply you wish, that
it is uncertain whether it would be delivered at
Philada at all, and that the price is at present unfixed.
I shall have an opportunity of seeing in Trenton on
my way to the Convention, the man who is con
nected with these works and will collect any further
information he may be able to give.
Congress has remained very thin ever since my
arrival, and have done but little business of impor
tance. The general attention is now directed towards
the approaching Convention. All the States have
appointed deputies to it except Connecticut, Mary
land, and Rho. Island. The first, it is not doubted
will appoint, and the second has already resolved on
the expediency of the measure. Rho. Island alone
has refused her concurrence. A majority of more
than twenty in the Legislature of that State has re
fused to follow the general example. Being conscious
of the wickedness of the measures they are pursuing
they are afraid of everything that may become a con-
troul on them. Notwithstanding this prospect of a
very full and respectable meeting, no very sanguine
expectations can well be indulged. The probable
diversity of opinions and prejudices, and of supposed
or real interests among the States, renders the issue
totally uncertain. The existing embarrassments and
mortal diseases of the Confederacy form the only
ground of hope, that a spirit of concession on all
336 THE WRITINGS OF [1787
sides may be produced by the general chaos, or at
least partitions of the Union, which offers itself as
the alternative.
N. Carolina and N Jersey have followed the ex
ample of Virginia in giving instructions in favor of
the Missippi. Penn* has not done so as was expected,
but she has appointed a Delegation which thinks dif
ferently from her last on the subject.
I am anxious to hear from my brother A. on the
subject of the Tobacco. It will at furthest I hope
arrive within the current month in Philad? With
affecte regards to my mother & the family
I remain yr dutiful son
TO EDMUND RANDOLPH.1
NEW YORK, April 8, 1787.
DEAR SIR, — Your two favors of the twenty-second
and twenty-seventh of March, have been received
since my last. In a preceding one you ask, what
tribunal is to take cognizance of Clark's offence? If
our own laws will not reach it, I see no possibility of
punishing it. But will it not come within the act of
the last session concerning treasons and other offences
committed without the commonwealth? I have had
no opportunity yet of consulting Mr. Otto on the
allegation of Oster touching the marriage of French
subjects in America. What is the conspicuous prose
cution which you suspect will shortly display a notable
instance of perjury ?
1 From the Madison Papers (1840).
1787] JAMES MADISON. 337
I am glad to find that you are turning your
thoughts towards the business of May next. My
despair of your finding the necessary leisure, as sig
nified in one of your letters, with the probability that
some leading propositions at least would be expected
from Virginia, had engaged me in a closer attention
to the subject than I should otherwise have given. I
will just hint the ideas that have occurred, leaving
explanations for our interview.
I think with you, that it will be well to retain as
much as possible of the old Confederation, though I
doubt whether it may not be best to work the valu
able articles into the new system, instead of engraft
ing the latter on the former. I am also perfectly of
your opinion, that, in framing a system, no material
sacrifices ought to be made to local or temporary
prejudices. An explanatory address must of necessity
accompany the result of the Convention on the main
object. I am not sure that it will be practicable to
present the several parts of the reform in so detached
a manner to the States, as that a partial adoption
will be binding. Particular States may view different
articles as conditions of each other, and would only
ratify them as such. Others might ratify them as
independent propositions. The consequence would
be that the ratifications of both would go for nothing.
I have not, however, examined this point thoroughly.
In truth, my ideas of a reform strike so deeply at the
old Confederation, and lead to such a systematic
change, that they scarcely admit of the expedient.
I hold it for a fundamental point, that an individual
VOL. II. — 22
338 THE WRITINGS OF [1787
independence of the States is utterly irreconci
lable with the idea of an aggregate sovereignty. I
think, at the same time, that a consolidation of the
States into one simple republic is not less unattain
able than it would be inexpedient. Let it be tried,
then, whether any middle ground can be taken,
which will at once support a due supremacy of the
national authority, and leave in force the local au
thorities so far as they can be subordinately useful.
The first step to be taken is, I think, a change in
the principle of representation. According to the
present form of the Union, an equality of suffrage,
if not just towards the larger members of it, is at
least safe to them, as the liberty they exercise of
rejecting or executing the acts of Congress, is uncon
trollable by the nominal sovereignty of Congress.
Under a system which would operate without
the intervention of the States, the case would be
materially altered. A vote from Delaware would
have the same effect as one from Massachusetts or
Virginia.
Let the national Government be armed with a
positive and complete authority in all cases where
uniform measures are necessary, as in trade, &c.,
&c. Let it also retain the powers which it now
possesses.
Let it have a negative, in all cases whatsoever, on
the Legislative acts of the States, as the King of
Great Britain heretofore had. This I conceive to be
essential and the least possible abridgement of the
State sovereignties. Without such a defensive power,
1787] JAMES MADISON. 339
every positive power that can be given on paper will
be unavailing. It will also give internal stability to
the States. There has been no moment since the
peace at which the Federal assent would have been
given to paper-money, &c., &c.
Let this national supremacy be extended also to
the Judiciary department. If the Judges in the last
resort depend on the States, and are bound by their
oaths to them and not to the Union, the intention
of the law and the interests of the nation may be
defeated by the obsequiousness of the tribunals to the
policy or prejudices of the States. It seems at least
essential that an appeal should lie to some national
tribunals in all cases which concern foreigners, or
inhabitants of other States. The admiralty juris
diction may be fully submitted to the National
Government.
A Government formed of such extensive powers
ought to be well organized. The Legislative depart
ment may be divided into two branches. One of
them to be chosen every years by the Legisla
tures or the people at large ; the other to consist of a
more select number, holding their appointments for
a longer term, and going out in rotation. Perhaps
the negative on the State laws may be most conven
iently lodged in this branch. A Council of Revision
may be superadded, including the great ministerial
officers.
A national Executive will also be necessary. I
have scarcely ventured to form my own opinion yet,
either of the manner in which it ought to be
340 THE WRITINGS OF [1787
constituted, or of the authorities with which it ought
to be clothed.
An article ought to be inserted expressly guaran
teeing the tranquillity of the States against internal
as well as external dangers.
To give the new system its proper energy, it will
be desirable to have it ratified by the authority of
the people, and not merely by that of the Legisla
tures.
I am afraid you will think this project, if not ex
travagant, absolutely unattainable and unworthy of
being attempted. Conceiving it myself to go no
further than is essential, the objections drawn from
this source are to be laid aside. I flatter myself,
however, that they may be less formidable on trial
than in contemplation. The change in the principle
of representation will be relished by a majority of
the States, and those too of most influence. The
northern States will be reconciled to it by the actual
superiority of their populousness ; the Southern by
their expected superiority on this point. This prin
ciple established, the repugnance of the large States
to part with power will in a great degree subside, and
the smaller States must ultimately yield to the pre
dominant will. It is also already seen by many, and
must by degrees be seen by all, that, unless the
Union be organized efficiently on republican princi
ples, innovations of a much more objectionable form
may be obtruded, or, in the most favorable event,
the partition of the Empire, into rival and hostile
confederacies will ensue.
1787] JAMES MADISON. 341
TO EDMUND RANDOLPH.1
NEW YORK, April 15, 1787.
DEAR SIR, — Your favor of the fourth of April has
been received since my last. The probability of
General Washington's coming to Philadelphia is,
in one point of view, flattering. Would it not,
however, be well for him to postpone his actual
attendance, until some judgment can be formed of
the result of the meeting? It ought not to be
wished by any of his friends that he should partici
pate in any abortive undertaking. It may occur,
perhaps, that the delay would deprive the Conven
tion of his presiding auspices, and subject him, on
his arrival, to a less conspicuous point of view than
he ought on all occasions to stand in. Against this
difficulty must be weighed the consideration above
mentioned, to which may be added the opportunity
which Pennsylvania, by the appointment of Doctor
Franklin, has afforded of putting sufficient dignity
into the Chair.
The effect of the interposition of Congress in
favor of the treaty at this crisis, was foreseen by us.2
1 From the Madison Papers (1840).
2 March 21, 1787, Congress unanimously resolved that the Legislatures of
the several States could not, of right, pass acts for interpreting or construing a
treaty, nor in any manner retard its operation, and that all State acts repug
nant to the treaty of peace with Great Britain ought to be repealed, and
the State Legislatures were requested to repeal them. Journals of Congress
(Ed. 1801), xii., 23, 24. On April I3th, the Secretary for Foreign Affairs
(Jay) reported a letter to the States, which was agreed to, to accompany the
resolutions of March 2ist. It regretted that in some of the States too little
attention had been paid to the public faith pledged by the treaty, and urged
the binding nature of a treaty upon each member of the Confederacy. Id. 22,
et seq.
342 THE WRITINGS OF [1787
I would myself have preferred a little procrastina
tion on the subject. But the manifest and undeni
able propriety of the thing itself, with the chance
that the Legislature here, which will adjourn in a
little time until next winter, and which is one of
the principal transgressors, may set an immediate
example of reformation, overruled the argument for
delay. The difficulties which, as you suggest, may
be left behind by a mere repeal of all existing im
pediments, will be probably found of a very serious
nature to British creditors. If no other advantage
should be taken of them by the State, than the
making the assent of the creditors to the plan of
instalments, a condition of such further provisions
as may not come within the treaty, I do not know
that the existence of these difficulties ought to be
matter of regret. In every view Congress seem to
have taken the most proper course for maintaining
the national character ; and if any deviations in
particular States should be required by peculiar
circumstances, it will be better that they should be
chargeable on such States than on the United
States.
The Maryland Assembly met on the second in
stant, being convened by proclamation. The ex
pected delay, therefore, in her appointments for the
Convention, cannot be admitted among the consid
erations which are to decide the time of your setting
out. I am sorry that punctuality on your part will
oblige you to travel without the company of Mrs.
Randolph. But the sacrifice seems to be the more
1787] JAMES MADISON. 343
necessary, as Virginia ought not only to be on the
ground in due time, but to be prepared with some
materials for the work of the Convention. In this
view, I could wish that you might be able to reach
Philadelphia some days before the second Monday
in May.
This city has been thrown into no small agitation
by a motion, made a few days ago, for a short
adjournment of Congress, and the appointment of
Philadelphia as the place of its reassembling. No
final question was taken, but some preliminary ques
tions shewed that six States were in favor of it ;
Rhode Island, the seventh State, was at first in
the affirmative, but one of its Delegates was over
come by the exertions made to convert him. As
neither Maryland nor South Carolina was present,
the vote is strong evidence of the precarious tenure
by which New York enjoys her metropolitan ad
vantages. The motives which led to this attempt
were probably with some of a local nature. With
others they certainly were of a general nature.
Mr. Jay was a few days ago instructed to com
municate to Congress the State of the Spanish nego
tiation. An unwilling but silent assent was given
by Massachusetts and Connecticut. The Report
shews that Jay viewed the act of seven States as
valid, and has even adjusted with Guardoqui an
article for suspending our use of the Mississippi
during the term of the treaty. A subsequent report,
on a reference of Western information from Virginia
and North Carolina denotes little confidence in the
344 THE WRITINGS OF [1787
event of the negotiation, and considerable perplexity
as to the steps proper to be taken by Congress.
Wednesday is fixed for the consideration of these
reports. We mean to propose that Jefferson be
sent, under a special commission, to plead the cause
of the Mississippi at Madrid.
TO GEORGE WASHINGTON. WASH. MSS.
NEW YORK April 16 1787.
DEAR SIR, — I have been honored with your letter
of the 31 March, and find with much pleasure that
your views of the reform which ought to be pursued
by the Convention, give a sanction to those which I
have entertained. Temporising applications will dis
honor the Councils which propose them, and may
foment the internal malignity of the disease, at the
same time that they produce an ostensible palliation
of it. Radical attempts although unsuccessful will
at least justify the authors of them.
Having been lately led to revolve the subject
which is to undergo the discussion of the Convention,
and formed some outlines of a new system, I take
the liberty of submitting them without apology to
your eye.
Conceiving that an individual independence of the
States is utterly irreconcileable with their aggregate
sovereignty, and that a consolidation of the whole
into one simple republic would be as inexpedient as
it is unattainable, I have sought for middle ground,
which may at once support a due supremacy of the
1787] JAMES MADISON. 345
national authority, and not exclude the local authori
ties wherever they can be subordinately useful.
I would propose as the ground-work that a change
be made in the principle of representation. Accord
ing to the present form of the Union in which the
intervention of the States is in all great cases neces
sary to effectuate the measures of Congress, an
equality of suffrage, does not destroy the inequality of
importance in the several members. No one will
deny that Virginia and Mass*3 have more weight and
influence both within & without Congress than
Delaware or Rho. Island. Under a system which
would operate in many essential points without the
intervention of the State Legislatures, the case would
be materially altered. A vote in the national Coun
cils from Delaware, would then have the same effect
and value as one from the largest State in the Union.
I am ready to believe that such a change would not
be attended with much difficulty. A majority of the
States, and those of greatest influence, will regard it
as favorable to them. To the Northern States it
will be recommended by their present populousness ;
to the Southern by their expected advantage in this
respect. The lesser States must in every event yield
to the predominant will. But the consideration
which particularly urges a change in the representa
tion is that it will obviate the principal objections of
the larger States to the necessary concessions of
power.
I would propose next that in addition to the present
federal powers, the national Government should be
346 THE WRITINGS OF [1787
armed with positive and compleat authority in all
cases which require uniformity; such as the regula
tion of trade, including- the right of taxing both ex
ports & imports, the fixing the terms and forms of
naturalization, &c &c.
Over and above this positive power, a negative in
all cases whatsoever on the legislative acts of the
States, as heretofore exercised by the Kingly prerog
ative, appears to me to be absolutely necessary, and
to be the least possible encroachment on the State
jurisdictions. Without this defensive power, every
positive power that can be given on paper will be
evaded & defeated. The States will continue to in
vade the National jurisdiction, to violate treaties and
the law of nations & to harass each other with rival
and spiteful measures dictated by mistaken vi-ews of
interest. Another happy effect of this prerogative
would be its controul on the internal vicissitudes of
State policy, and the aggressions of interested majori
ties on the rights of minorities and of individuals.
The great desideratum which has not yet been found
for Republican Governments seems to be some disin
terested & dispassionate umpire in disputes between
different passions & interests in the State. The ma
jority who alone have the right of decision, have
frequently an interest, real or supposed in abusing it.
In Monarchies the sovereign is more neutral to the
interests and views of different parties ; but, unfor-
tunely he too often forms interests of his own repug
nant to those of the whole. Might not the national
prerogative here suggested be found sufficiently dis-
1787] JAMES MADISON. 347
interested for the decision of local questions of policy,
whilst it would itself be sufficiently restrained from
the pursuit of interests adverse to those of the whole
Society. There has not been any moment since the
peace at which the representatives of the Union
would have given an assent to paper money or any
other measure of a kindred nature.
The national supremacy ought also to be extended
as I conceive to the Judiciary departments. If those
who are to expound & apply the laws, are connected
by their interests & their oaths with the particular
States wholly, and not with the Union, the participa
tion of the Union in the making of the laws may be
possibly rendered unavailing. It seems at least ne
cessary that the oaths of the Judges should include a
fidelity to the general as well as local constitution,
and that an appeal should lie to some National tribu
nals in all cases to which foreigners or inhabitants of
other States may be parties. The admiralty juris
diction seems to fall entirely within the purview of
the national Government.
The National supremacy in the Executive depart
ments is liable to some difficulty, unless the officers
administering them could be made appointable by
the supreme Government. The Militia ought cer
tainly to be placed in some form or other under the
authority which is entrusted with the general protec
tion and defence.
A Government composed of such extensive powers
should be well organized and balanced. The legisla
tive department might be divided into two branches ;
348 THE WRITINGS OF [1787
one of them chosen every years by the people at
large, or by the Legislatures ; the other to consist of
fewer members, to hold their places fora longer term,
and to go out in such a rotation as always to leave in
office a large majority of old members. Perhaps the
negative on the laws might be most conveniently ex
ercised by this branch. As a further check, a coun
cil of revision including the great ministerial officers
might be superadded.
A National Executive must also be provided. I
have scarcely ventured as yet to form my own opinion
either of the manner in which it ought to be consti
tuted or of the authorities with which it ought to be
cloathed.
An article should be inserted expressly guarantying
the tranquillity of the States against internal as well
as external dangers.
In like manner the right of coercion should be ex
pressly declared. With the resources of Commerce
in hand, the National administration might always
find means of exerting it either by sea or land ; But
the difficulty & awkwardness of operating by force on
the collective will of a State, render it particularly
desirable that the necessity of it might be precluded.
Perhaps the negative on the laws might create such
a mutuality of dependence between the General and
particular authorities, as to answer this purpose or
perhaps some defined objects of taxation might
be submitted along with commerce, to the general
authority.
To give a new System its proper validity and en-
1787] JAMES MADISON. 349
ergy, a ratification must be obtained from the people,
and not merely from the ordinary authority of the
Legislatures. This will be the more essential as in
roads on the existing Constitutions of the States will
be unavoidable.
The inclosed address to the States on the subject
of the Treaty of peace has been agreed to by Con
gress, & forwarded to the several Executives. We
foresee the irritation which it will excite in many of
our Countrymen ; but could not withhold our appro
bation of the measure. Both the resolutions and the
address, passed without a dissenting voice.
Congress continue to be thin, and of course do
little business of importance. The settlement of the
public accounts, — the disposition of the public lands,
and arrangements with Spain, are subjects which
claim their particular attention. As a step towards
the first, the treasury board are charged with the task
of reporting a plan by which the final decision on the
claims of the States will be handed over from Con
gress to a select sett of men bound by the oaths, and
cloathed with the powers of Chancellors. As to the
Second article, Congress have it themselves under
consideration. Between 6 & 700 thousand acres
have been surveyed and are ready for sale. The
mode of sale however will probably be a source of
different opinions ; as will the mode of disposing of
the unsurveyed residue. The Eastern gentlemen re
main attached to the scheme of townships. Many
others are equally strenuous for indiscriminate loca
tions. The States which have lands of their own for
350 THE WRITINGS OF [1787
sale are suspected of not being hearty in bringing the
federal lands to market. The business with Spain is
becoming extremely delicate, and the information
from the Western settlements truly alarming.
A motion was made some days ago for an adjourn
ment of Congress for a short period, and an ap
pointment of Philad* for their reassembling. The
eccentricity of this place as well with regard to E.
and West as to N. & South has I find been for a con
siderable time a thorn in the minds of many of the
Southern members. Suspicion too has charged some
important votes on the weight thrown by the present
position of Congress into the Eastern Scale, and pre
dicts that the Eastern members will never concur in
any substantial provision or movement for a proper
permanent seat for the National Government whilst
they remain so much gratified in its temporary resi
dence. These seem to have been the operative mo
tives with those on one side who were not locally
interested in the removal. On the other side the
motives are obvious. Those of real weight were
drawn from the apparent caprice with which Con
gress might be reproached, and particularly from the
peculiarity of the existing moment. I own that I
think so much regard due to these considerations,
that notwithstanding the powerful ones on the other
side, I should have assented with great repugnance
to the motion, and would even have voted against it
if any probability had existed that by waiting for a
proper time, a proper measure might not be lost for
a very long time. The plan which I shrl have judged
1787] JAMES MADISON. 351
most eligible would have been to fix on the removal
whenever a vote could be obtained but so as that it
should not take effect until the commencement of the
ensuing federal year. And if an immediate removal
had been resolved on, I had intended to propose such
a change in the plan. No final question was taken
in the case. Some preliminary questions shewed that
six States were in favor of the motion. Rho. Island
the 7l.h was at first on the same side, and Mr. Var-
num, one of the delegates continues so. His col
league was overcome by the solicitations of his
Eastern brethren. As neither Maryland nor South
Carolina were on the floor, it seems pretty evident
that N. York has a very precarious tenure of the
advantages derived from the abode of Congress.
We understand that the discontents in Massts,
which lately produced an appeal to the sword, are
now producing a trial of strength in the field of elec
tioneering. The Governor will be displaced. The
Senate is said to be already of a popular complexion,
and it is expected that the other branch will be still
more so. Paper money it is surmised will be the en
gine to be played off agV creditors both public and
private. As the event of the elections however is
not yet decided, this information must be too much
blended with conjecture to be regarded as a matter
of certainty.
I do not learn that the proposed Act relating to
Vermont has yet gone through all the stages of legis
lation here ; nor can I say whether it will finally pass
or not. In truth, it having not been a subject of
352 THE WRITINGS OF [1787
conversation for some time, I am unable to say what
has been done or is likely to be done with it. With
the sincerest affection & the highest esteem I have the
honor to be, Dear Sir your devoted Serv*
TO JAMES MONROE. MAD. MSS.
NEW YORK, April 19, 1787
DEAR SIR, — No definite steps are yet taken for the
transportation of your furniture. I fear we shall be
obliged to make use of a conveyance to Norfolk as
soon as one shall offer. I have examined the work
manship of the man in Chappel street. The face of
it is certainly superior to that of your workman.
Whether it may prove much so for substantial pur
poses, I do not undertake to say. Should M-s
Monroe not be pleased with the articles, I w^ recom
mend that you dispose of them, which may be done
probably without loss, and send us a commission to
replace them. I think we could please you both ;
and on terms not dearer than that of your purchase.
We learn nothing yet of a remittance from S.
Carolina.
The business of the Mississippi will I think come
to a point in a few days. You shall know the result
in due time.
A motion was lately made to remove shortly to
Philad* six States would have been for it. Rh.
Island was so at first and would have been a seventh*
One of the delegation was overpowered by exertions
of his Eastern brethren. I need not rehearse to you
1787] JAMES MADISON. 353
the considerations which operated on both sides.
Your conjectures will not mistake them. My own
opinion is that there are strong objections ags.e the
movement, objections which nothing would supersede
but the difficulty of bringing the sense of the Union
to an efficient vote in Congress, and the danger of
losing altogether a proper measure by waiting for a
proper time. A middle way would have been my
choice ; that is, to fix Philad* for the meeting of the
ensuing Cong- , & to remain here in the mean time.
This would have given time for all preliminary ar
rangements, would have steered clear of the Conven
tion, and, by selecting a natural period for the event,
and transferring the operation of it to our successors
in office, all insinuations of suddenness, and of per
sonal views, would have been repelled.
I hear with great pleasure that you are to aid the
deliberations of the next Assembly, and with much
concern that paper money will probably be among
the bad measures which you will have to battle.
Wishing you success in this and all your other
labours for the public and for yourself, I remain, with
best
respects to Mrf Monroe, yours affely.
TO EDMUND PENDLETON. MAD. MSS.
NEW YORK April 22 1787
MY DEAR SIR, — The period since my last has
afforded such scanty materials for a letter that I have
postponed it, till I have now to thank you for yours
VOL. II. 23.
354 THE WRITINGS OF [1787
of the 7'.h inst : which came to hand two days ago.
I always feel pleasure in hearing from you, but par
ticularly when my concern for your doubtful health is
relieved by such an evidence in its favor. At the
same time I must repeat my wishes to forego this
pleasure whenever it may interfere with the attention
which you owe to your ease, your business, or your
other friends.
I do not learn that any symptoms yet appear of a
return of the insurgent spirit in Massts. On the
contrary it is said that the malcontents are trying
their strength in a more regular form. This is the
crisis of their elections, and if they can muster suffi
cient numbers, their wicked measures are to be shel
tered under the forms of the Constitution. How
far their influence may predominate in the current
appointments is uncertain, but it is pretty certain
that a great change in the rulers of that State is
taking place, and that a paper emission, if nothing
worse, is strongly apprehended. Governor Bowdoin is
already displaced in favor of M" Hancock, whose
acknowledged merits are not a little tainted by a dis
honorable obsequiousness to popular follies. A great
change has also taken place in the Senate, and a still
greater is prognosticated in the other branch of the
Legislature.
We are flattered with the prospect of a pretty full
and very respectable meeting in next month. All
the States have made appointments except Connecti
cut Maryland, & Rh. Island. The last has refused.
Maryland will certainly concur. The temper of
1787] JAMES MADISON. 355
Connecticut is equivocal. The turn of her elections
which are now going on, is said to be rather unpro-
pitious. The absence of one or two States however
will not materially affect the deliberations of the
Convention. Disagreement in opinion among those
present is much more likely to embarrass us. The
nearer the crisis approaches, the more I tremble for
the issue. The necessity of gaining the concurrence
of the Convention in some system that will answer
the purpose, the subsequent approbation of Congress,
and the final sanction of the States, presents a series
of chances, which would inspire despair in any case
where the alternative was less formidable. The
difficulty too is not a little increased by the neces
sity which will be produced by encroachments on
the State Constitutions, of obtaining not merely the
assent of the Legislatures, but the ratification of the
people themselves. Indeed if such encroachments
could be avoided, a higher sanction than the Legisla
tive authority would be necessary to render the laws
of the Confederacy paramount to the acts of its
members.
I enclose a late Act of Congress, which will shew
you the light in which they view and inculcate a
compliance with the Treaty of peace. We were not
unaware of the bitterness of the pill to many of our
countrymen, but national considerations overruled
that objection. An investigation of the subject had
proved that the violations on our part were not only
most numerous and important, but were of earliest
date. And the assurances on the other part are
356 THE WRITINGS OF [1787
explicit that a reparation of our wrongful measures
shall be followed by an immediate and faithful execu
tion of the Treaty by Great Britain.
Congress are at present deliberating on the most
proper plan for disposing of ye Western lands, and
providing a criminal and civil administration for the
Western settlements beyond the Ohio. The latter
subject involves great difficulties. On the former
also opinions are various. Between 6 & 7,00,000
Acres have been surveyed in Townships & are to be
sold as soon as they shall be duly advertised. The
sale was at first to have been distributed throughout
the States. This plan is now exchanged for the
opposite extreme. The sale is to be made where
Cong5 sits. Unquestionably reference ought to have
been had in fixing on the place, either to the Center
of the Union or to the proximity of the premises.
In providing for the unsurveyed lands, the difficulty
arises from the Eastern attachm* to townships & the
Southern to indiscriminate locations. A Copper
coinage was agreed on yesterday to the amount of
upwards of two hundred thousand dollars, 15 per
C- is to be drawn into the federal Treasury from this
operation.
Our affair with Spain is on a very delicate footing.
It is not easy to say what precise steps would be
most proper to be taken on our side, and extremely
difficult to say what will be actually taken. Many
circumstances threaten an Indian war, but the cer
tainty of it is not established. A British officer was
lately here from Canada, as has been propagated, but
1787] JAMES MADISON. 357
not on a mission to Congress. His business was
unknown, if he had any that was important.
I am extremely concerned, though not much sur
prised at the danger of a paper emission in Virginia.
If Mr. H. sh? erect the standard he will certainly be
joined by sufficient force to accomplish it. Remorse
and shame are but too feeble restraints on interested
individuals agst unjust measures, and are rarely felt
at all by interested multitudes.
Wishing you all happiness I remain Dear Sir
Your affect6 humble servant
TO THOMAS JEFFERSON.1
NEW YORK, April 23, 1787.
DEAR SIR, — Congress have agreed to Mr. Jay's
report on the treaty of peace, and to an address
which accompanies it. Copies of both will no doubt
be sent you from his Department. The Legislature
of this State, which was sitting at the time, and on
whose account the acts of Congress were hurried
through, has adjourned till January next, without
deciding on them. This is an ominous example to
the other States, and must weaken much the claim
on Great Britain of an execution of the treaty on her
part, as promised in case of proper steps being taken
on ours. Virginia, we foresee, will be among the
foremost in seizing pretexts for evading the injunc
tions of Congress. South Carolina is not less infected
with the same spirit. The present deliberations of
1 From the Madison Papers (1840).
358 THE WRITINGS OF [1787
Congress turn on, first, the sale of the Western lands ;
secondly, the government of the Western settlements
within the Federal domain ; thirdly, the final settle
ment of the accounts between the Union and its
members ; fourthly, the treaty with Spain.
1. Between six and seven hundred thousand acres
have been surveyed in townships, under the land
ordinance, and are to be sold forthwith. The place
where Congress sit is fixed for the sale. Its eccen
tricity, and remoteness from the premises, will, I
apprehend, give disgust. On the most eligible plan
of selling the unsurveyed residue, Congress are much
divided ; the Eastern States being strongly attached
to that of townships, notwithstanding the expense
incident to it ; the Southern being equally biassed in
favor of indiscriminate locations, notwithstanding the
many objections against that mode. The dispute
will probably terminate in some kind of compromise,
if one can be hit upon.
2. The government of the settlements on the Illi
nois and Wabash is a subject very perplexing in
itself, and rendered more so by our ignorance of
many circumstances on which a right judgment de
pends. The inhabitants at those places claim pro
tection against the savages, and some provision for
both criminal and civil justice. It appears also that
land-jobbers are among them, who are likely to
multiply litigations among individuals, and, by col
lusive purchases of spurious titles, to defraud the
United States.
3. The settlement of the public accounts has long
1787] JAMES MADISON. 359
been pursued in varied shapes, and with little pros
pect of success. The idea which has long been
urged by some of us, seems now to be seriously em
braced, of establishing a plenipotentiary tribunal for
the final adjustment of the mutual claims, on the
great and simple principle of equity. An ordinance
for this purpose has been reported by the Treasury
Board, and has made some progress through Con
gress. It is likely to be much retarded by the thin
ness of Congress, as indeed is almost every other
matter of importance.
4. The Spanish negotiation is in a very ticklish
situation. You have been already apprized of the
vote of seven States last fall for ceding the Missis
sippi for a term of years. From sundry circum
stances it was inferred that Jay was proceeding
under this usurped authority. A late instruction to
him to lay the state of the negotiation before Con
gress has discovered that he has adjusted with
Guardoqui an article for suspending the use of the
Mississippi by the citizens of the United States.
The report, however, leaves it somewhat doubtful
how far the United States are committed by this
step, and a subsequent report of the Secretary on
the seizure of Spanish property in the Western
country, and on information of discontents touching
the occlusion of the Mississippi, shews that the
probable consequences of the measure perplex him
extremely. It was nevertheless conceived by the
instructed delegations to be their duty to press a
revocation of the step taken, in some form which
360 THE WRITINGS OF [1787
would least offend Spain, and least irritate the patrons
of the vote of seven States. Accordingly a motion
was made to the following effect — that the present
state of the negotiation with Spain, and of the affairs
of the United States, rendered it expedient that you
should proceed, under a special commission, to Ma
drid, for the purpose of making such representations
as might at once impress on that Court our friendly
disposition and induce it to relax on the contested
points ; and that the proper communications and
explanations should be made to Guardoqui relative
to this change in the mode of conducting the nego
tiation. This motion was referred to Mr. Jay, whose
report disapproves of it. In this state the matter
lies. Eight States only being present, no effective
vote is to be expected. It may, notwithstanding, be
incumbent on us to try some question which will at
least mark the paucity of States who abet the obnox
ious project. Massachusetts and New York alone, of
the present States, are under that description ; and
Connecticut and New Hampshire alone of the absent.
Maryland and South Carolina have hitherto been on
the right side. Their future conduct is somewhat
problematical. The opinion of New Hampshire is
only conjectured. The conversion of Rhode "Island
countenances a hope that she too may, in this instance,
desert the New England standard.
The prospect of a full and respectable Convention
grows stronger every day. Rhode Island alone has
refused to send Deputies. Maryland has probably
appointed by this time. Of Connecticut alone doubts
are entertained. The anti-federal party in that State
1787] JAMES MADISON. 361
is numerous and persevering. It is said that the
elections which are now going on are rather dis
couraging to the advocates of the Convention.
Pennsylvania has added Dr. Franklin to her deputa
tion. There is some ground to calculate on the
attendance of General Washington. Our Governor,
Mr. Wythe, Mr. Blair, and Col. Mason will pretty
certainly attend. The last, I am informed, is renoun
cing his errors on the subject of the Confederation,
and means to take an active part in the amendment
of it. Mr. Henry pretty soon resigned the under
taking. General Nelson was put into his place, who
has also declined. He was succeeded by Mr. R. H.
Lee, who followed his example. Doctor M'Clurg
has been since appointed, and as he was on the spot
must have been previously consulted.
MAD. MSS.
A -i „ Vices of the
April, 1707.
Political sys-
Observations by J. M. (A copy taken by permission by Dan1. tem of the u-
Carroll & sent to Ch* Carroll of Carrollton.) States.
1. This evil has been so fully experienced both K Faiiure Of
during the war and since the peace, results so nat- the states to
... . . comply with
urally from the number and independent authority the constitu-
of the States and has been so uniformly exemplified *ional requisi-
in every similar Confederacy, that it may be con
sidered as not less radically and permanently inherent in than it
is fatal to the object of the present system.
2. Examples of this are numerous and repetitions 2. Encroach-
may be foreseen in almost every case where any ™ents by the
1 t < States on the
favorite object of a State shall present a temptation, federal author-
Among these examples are the wars and treaties of ity-
Georgia with the Indians. The unlicensed compacts between
362 THE WRITINGS OF [1787
Virginia and Maryland, and between Pen* & N. Jersey — the troops
raised and to be kept up by Massts.
violations 3* ^rom tne number of Legislatures, the sphere of
of the law of life from which most of their members are taken,
nations and of and the circumstances under which their legislative
treaties.
business is carried on, irregularities of this kind
must frequently happen. Accordingly not a year has passed with
out instances of them in some one or other of the States. The
Treaty of Peace — the treaty with France — the treaty with Holland
have each been violated. [See the complaints to Congress on these
subjects.] The causes of these irregularities must necessarily pro
duce frequent violations of the law of nations in other respects.
As yet foreign powers have not been rigorous in animadverting
on us. This moderation, however cannot be mistaken for a per
manent partiality to our faults, or a permanent security ag3t those
disputes with other nations, which being among the greatest of
public calamities, it ought to be least in the power of any part of
the community to bring on the whole.
Tres asses 4' These are alarming symptoms, and may be daily
of the states apprehended as we are admonished by daily experi-
ofelch "the!-8 encc' See the law of virginia restricting foreign ves
sels to certain ports — of Maryland in favor of vessels
belonging to her own citizens — of N. York in favor of the same —
Paper money, instalments of debts, occlusion of Courts, making
property a legal tender, may likewise be deemed aggressions on
the rights of other States. As the Citizens of every State aggre
gately taken stand more or less in the relation of Creditors or
debtors, to the Citizens of every other State, Acts of the debtor
State in favor of debtors, affect the Creditor State, in the same
manner as they do its own citizens who are relatively creditors
towards other citizens. This remark may be extended to foreign
nations. If the exclusive regulation of the value and alloy of
coin was properly delegated to the federal authority, the policy of
it equally requires a controul on the States in the cases above
mentioned. It must have been meant i. to preserve uniformity
in the circulating medium throughout the nation. 2. to prevent
those frauds on the citizens of other States, and the subjects of
foreign powers, which might disturb the tranquillity at home, or
involve the Union in foreign contests.
1787] JAMES MADISON. 363
The practice of many States in restricting the commercial inter
course with other States, and putting their productions and manu
factures on the same footing with those of foreign nations, though
not contrary to the federal articles, is certainly adverse to the
spirit of the Union, and tends to beget retaliating regulations, not
less expensive and vexatious in themselves than they are destruc
tive of the general harmony.
5. This defect is strongly illustrated in the state 5. want of
of our commercial affairs. How much has the ^"wh^re
national dignity, interest, and revenue, suffered common inter-
from this cause ? Instances of inferior moment are
the want of uniformity in the laws concerning naturalization &
literary property; of provision for national seminaries, for grants
of incorporation for national purposes, for canals and other
works of general utility, wch may at present be defeated by the
perverseness of particular States whose concurrence is necessary.
6. The confederation is silent on this point and 6 Want of
therefore by the second article the hands of the Guaranty to
federal authority are tied. According to Repub- thLc'onstitlf
lican Theory, Right and power being both vested in tions & laws
the majority, are held to be synonimous. Accord- aeainst inter-
nal violence.
ing to fact and experience a minority may in an
appeal to force, be an overmatch for the majority, i. if the
minority happen to include all such as possess the skill and habits
of military life, & such as possess the great pecuniary resources,
one-third only may conquer the remaining two-thirds. 2. one-
third of those who participate in the choice of the rulers, may be
rendered a majority by the accession of those whose poverty
excludes them from a right of suffrage, and who for obvious
reasons will be more likely to join the standard of sedition than
that of the established Government. 3. where slavery exists the
republican Theory becomes still more fallacious.
7. A sanction is essential to the idea of law, as y want of
coercion is to that of Government. The federal sanction to the
system being destitute of both, wants the great vital J^"^"* ^
principles of a Political Constution. Under the Government of
form of such a constitution, it is in fact nothing the Confeder-
e acy.
more than a treaty of amity of commerce and of
alliance, between independent and Sovereign States. From what
364 THE WRITINGS OF [1787
cause could so fatal an omission have happened in the articles of
Confederation ? from a mistaken confidence that the justice, the
good faith, the honor, the sound policy, of the several legislative
assemblies would render superfluous any appeal to the ordinary
motives by which the laws secure the obedience of individuals : a
confidence which does honor to the enthusiastic virtue of the
compilers, as much as the inexperience of the crisis apologizes for
their errors. The time which has since elapsed has had the
double effect, of increasing the light and tempering the warmth,
with which the arduous work may be revised. It is no longer
doubted that a unanimous and punctual obedience of 13 inde
pendent bodies, to the acts of the federal Government ought
not to be calculated on. Even during the war, when external
danger supplied in some degree the defect of legal & coercive
sanctions, how imperfectly did the States fulfil their obligations
to the Union ? In time of peace, we see already what is to be
expected. How indeed could it be otherwise ? In the first place,
Every general act of the Union must necessarily bear unequally
hard on some particular member or members of it, secondly the
partiality of the members to their own interests and rights, a par
tiality which will be fostered by the courtiers of popularity, will
naturally exaggerate the inequality where it exists, and even sus
pect it where it has no existence, thirdly a distrust of the volun
tary compliance of each other may prevent the compliance of
any, although it should be the latent disposition of all. Here are
causes & pretexts which will never fail to render federal meas
ures abortive. If the laws of the States were merely recommend
atory to their citizens, or if they were to be rejudged by County
authorities, what security, what probability would exist, that they
would be carried into execution ? Is the security or probability
greater in favor of the acts of Cong* which depending for their
execution on the will of the State legislatures, wch are tho' nomin
ally authoritative, in fact recommendatory only ?
s. want of 8. In some of the States the Confederation is
thefipeoP7e ^f recognized by, and forms a part of the Constitu-
the articles of tion. In others however it has received no other
confederation. sanction than that of the legislative authority.
From this defect two evils result : i. Whenever a law of a State
1787] JAMES MADISON. 365
happens to be repugnant to an act of Congress, particularly when
the latter [former] is of posterior date to the former, [latter] it
will be at least questionable whether the latter [former] must not
prevail ; and as the question must be decided by the Tribunals of
the State, they will be most likely to lean on the side of the State.
2. As far as the union of the States is to be regarded as a league
of sovereign powers, and not as a political Constitution by virtue
of which they are become one sovereign power, so far it seems to
follow from the doctrine of compacts, that a breach of any of the
articles of the Confederation by any of the parties to it, absolves
the other parties from their respective Obligations, and gives them
a right if they chuse to exert it, of dissolving the Union altogether.
9. In developing the evils which viciate the Mult. H
political system of the U S., it is proper to include city of laws in
those which are found within the States individu- the several
ally, as well as those which directly affect the
States collectively, since the former class have an indirect influ
ence on the general malady and must not be overlooked in form
ing a compleat remedy. Among the evils then of our situation
may well be ranked the multiplicity of laws from which no State
is exempt. As far as laws are necessary to mark with precision
the duties of those who are to obey them, and to take from those
who are to administer them a discretion which might be abused,
their number is the price of liberty. As far as laws exceed this
limit, they are a nuisance ; a nuisance of the most pestilent
kind. Try the Codes of the several States by this test, and what a
luxuriancy of legislation do they present. The short period of in
dependency has filled as many pages as the century which preceded
it. Every year, almost every session, adds a new volume. This
may be the effect in part, but it can only be in part, of the situa
tion in which the revolution has placed us. A review of the several
Codes will shew that every necessary and useful part of the least
voluminous of them might be compressed into one tenth of the
compass, and at the same time be rendered ten fold as perspicuous.
10. This evil is intimately connected with the 10. mutabii-
former yet deserves a distinct notice, as it emphati- ity of the laws
.... ' ., of the States.
cally denotes a vicious legislation. We daily see
laws repealed or superseded, before any trial can have been made
366 THE WRITINGS OF [1787
of their merits, and even before a knowledge of them can have
reached the remoter districts within which they were to operate.
In the regulations of trade this instability becomes a snare not
only to our citizens, but to foreigners also.
ii. injustice n. If the multiplicity and mutability of laws
of the laws of prove a want of wisdom, their injustice betrays a
the States.
defect still more alarming : more alarming not
merely because it is a greater evil in itself ; but because it brings
more into question the fundamental principle of republican Gov
ernment, that the majority who rule in such governments are the
safest Guardians both of public Good and private rights. To
what causes is this evil to be ascribed ?
These causes lie i. in the Representative bodies. 2. in the
people,,, themselves.
ii. Representative appointments are sought from 3 motives,
i. Ambition. 2. personal interest. 3. public good. Unhappily
the two first are proved by experience to be most prevalent.
Hence the candidates who feel them, particularly, the second, are
most industrious, and most successful in pursuing their object :
and forming often a majority in the legislative Councils, with
interested views, contrary to the interest and views of their con
stituents, join in a perfidious sacrifice of the latter to the former.
A succeeding election it might be supposed, would displace the
offenders, and repair the mischief. But how easily are base and
selfish measures, masked by pretexts of public good and apparent
expediency ? How frequently will a repetition of the same arts
and industry which succeeded in the first instance, again prevail
on the unwary to misplace their confidence ?
How frequently too will the honest but unenlightened repre
sentative be the dupe of a favorite leader, veiling his selfish views
under the professions of public good, and varnishing his sophisti
cal arguments with the glowing colours of popular eloquence ?
2. A still more fatal if not more frequent cause, lies among the
people themselves. All civilized societies are divided into differ
ent interests and factions, as they happen to be creditors or debt
ors — rich or poor — husbandmen, merchants or manufacturers —
members of different religious sects — followers of different politi
cal leaders — inhabitants of different districts — owners of different
1787] JAMES MADISON. 367
kinds of property &c &c. In republican Government the majority
however composed, ultimately give the law. Whenever there
fore an apparent interest or common passion unites a majority
what is to restrain them from unjust violations of the rights and
interests of the minority, or of individuals ? Three motives only
i. a prudent regard to their own good as involved in the general
and permanent good of the community. This consideration
although of decisive weight in itself, is found by experience to be
too often unheeded. It is too often forgotten, by nations as well
as by individuals, that honesty is the best policy. 2dly. respect
for character. However strong this motive may be in individuals,
it is considered as very insufficient to restrain them from injustice.
In a multitude its efficacy is diminished in proportion to the
number which is to share the praise or the blame. Besides, as it
has reference to public opinion, which within a particular Society,
is the opinion of the majority, the standard is fixed by those
whose conduct is to be measured by it. The public opinion
without the Society will be little respected by the people at large
of any Country. Individuals of extended views, and of national
pride, may bring the public proceedings to this standard, but the
example will never be followed by the multitude. Is it to be
imagined that an ordinary citizen or even Assemblyman of R.
Island in estimating the policy of paper money, ever considered
or cared, in what light the measure would be viewed in France or
Holland ; or even in Massts or Connec1 ? It was a sufficient temp
tation to both that it was for their interest; it was a sufficient sanc
tion to the latter that it was popular in the State ; to the former,
that it was so in the neighbourhood. 3dly. will Religion the only
remaining motive be a sufficient restraint? It is not pretended
to be such on men individually considered. Will its effect be
greater on them considered in an aggregate view ? quite the
reverse. The conduct of every popular assembly acting on oath,
the strongest of religious ties, proves that individuals join without
remorse in acts, against which their consciences would revolt if
proposed to them under the like sanction, separately in their
closets. When indeed Religion is kindled into enthusiasm, its
force like that of other passions, is increased by the sympathy of
a multitude. But enthusiasm is only a temporary state of religion,
368 THE WRITINGS OF [1787
and while it lasts will hardly be seen with pleasure at the helm of
Government. Besides as religion in its coolest state is not infalli
ble, it may become a motive to oppression as well as a restraint
from injustice. Place three individuals in a situation wherein
the interest of each depends on the voice of the others ; and give
to two of them an interest opposed to the rights of the third ?
Will the latter be secure? The prudence of every man would
shun the danger. The rules & forms of justice suppose & guard
against it. Will two thousand in a like situation be less likely to
encroach on the rights of one thousand ? The contrary is wit
nessed by the notorious factions & oppressions which take place
in corporate towns limited as the opportunities are, and in little
republics when uncontrouled by apprehensions of external danger.
If an enlargement of the sphere is found to lessen the insecurity
of private rights, it is not because the impulse of a common
interest or passion is less predominant in this case with the
majority ; but because a common interest or passion is less apt to
be felt and the requisite combinations less easy to be formed by a
great than by a small number. The Society becomes broken into
a greater variety of interests, of pursuits of passions, which check
each other, whilst those who may feel a common sentiment have
less opportunity of communication and concert. It may be in
ferred that the inconveniences of popular States contrary to the
prevailing Theory, are in proportion not to the extent, but to the
..narrowness of their limits.
The great desideratum in Government is such a modification
of the sovereignty as will render it sufficiently neutral between
the different interests and factions, to controul one part of the
society from invading the rights of another, and at the same
time sufficiently controuled itself, from setting up an interest
adverse to that of the whole Society. In absolute Monarchies
the prince is sufficiently, neutral towards his subjects, but fre
quently sacrifices their happiness to his ambition or his avarice.
In small Republics, the sovereign will is sufficiently controuled
from such a sacrifice of the entire Society, but is not sufficiently
neutral towards the parts composing it. As a limited monarchy
tempers the evils of an absolute one ; so an extensive Republic
meliorates the administration of a small Republic.
1787] JAMES MADISON. 369
An auxiliary desideratum for the melioration of the Repub
lican form is such a process of elections as will most certainly
extract from the mass of the society the purest and noblest
characters which it contains ; such as will at once feel most
strongly the proper motives to pursue the end of their appoint
ment, and be most capable to devise the proper means of attain
ing it.
OF ANCIENT & MODERN CONFEDERACIES.1 MAD. MSS.
Lycian Confederacy.
In this confederacy the number of votes allotted to each
member was proportioned to its pecuniary contributions. The
Judges and Town magistrates were elected by the general
authority in like proportion.
See Montesquieu11 who prefers this mode.
The name of a federal republic may be refused to Lycia
which Montesquieu cites as an example in which the importance
of the members determined the proportion of their votes in the
general Councils. The Gryson 3 League is a juster example.
Code de 1'Hum.4 Confederation.
Lyciorum quoque avo^iav celebrat Strabo : de qua pauca
libet heic subjungere. Fuere eorum urbes XXIII, distinctse in
classes tres pro modo virium. In prima classe censebantur
maximae sex, in altera mediae, numero nobis incerto, in tertia
reliquse omnes, quarum fortuna minima. Et singulae quidem
urbes hae domi res suas curabant, magistratus suos, ordinemque
civilem suum habebant : universae tamen in unum coeuntes unam
communem rempublicam constituebant, concilioque utebantur
uno, velut, senatu majore. In eo de bello, de pace, de foederibus,
denique de rerum Lyciacarum summa deliberabant et statue-
bant. Coibant vero in concilium hoc ex singulis urbibus missi
1 This memorandum is written on small sheets of paper, which, put together,
formed a compact little book, suited to be carried in the pocket. There are
39 pages, and it would seem Madison intended extending it, for an extra page
is headed " Gryson Confederacy,"
2 L Esprit des Lois (1748).
3 Canton of Grisons, Switzerland.
4 Code de V Humanite" on la Legislation, by Felice in 13 vols.
370 THE WRITINGS OF [1787
cum potestate ferendi suffragii : utebanturque ea in re jure
aequissimo. Nam quselibet urbs primes classis habebat jus suffra-
giorum trium, secundae duorum, tertiae unius. Eademque pro-
portione tributa quoque conferebant, et munia alia obibant.
Quemadmodum enim ratio ipsa dictat, et poscit aequitas, ut
plura qui possident, et caeteris ditiores sunt, plura etiam in
usus communes, et reipublicae subsidia conferant, sic quoque
eadem aequitatits regula postulat, ut in statuendo de re communi
iidem illi plus aliis possint : praesertim cum eorundem magis
intersit rempublicam esse salvam quam tenuiorum. Locum
concilii hujus non habebant nxum & certum, sed, ex omnibus
urbem deligebant, quae videbatur pro tern pore commodissima.
Concilio coacto primum designabant Lyciarcham principem
totius Reipublicae, dein magistratus alios creabant partes rei-
publicae administraturos demum judicia publica constituebant.
Atque hsec omnia faciebant servata proportione eadem, ut nulla
omnino urbs prseteriretur munerumve aut honorum horum non
fieret particeps. Et hoc jus illibatum mansit Lyciis ad id usque
tempus, quo Romani assumpto Asiae imperio magna ex parte sui
arbitrii id fecerunt. — Ubbo Emmius de Republica Lyciorum in
Asia. [Apud Grovonii Thes., iv, 597.] l
1 Translation : Strabo [Lib. xiv, cap. iii], moreover, mentions the lack of
laws of the Lycians : concerning which we will add a little to what he says. —
There were twenty-three cities, divided into three classes, according to their
power. To the first class belonged the six largest, to the second those of
intermediate rank, the number of which is uncertain, to the third all the rest,
whose importance was very small. And each of these cities took care of
its affairs at home, and had its own magistrates and its own system of civil
government, but all, uniting, formed one joint republic, and had one delibera
tive assembly, a greater senate, as it were. In that assembly they deliberated
and decided concerning war, peace and treaties, and, in a word, concerning
all the affairs of Lycia. Persons sent from each city with the right to vote
met in this assembly ; and, in that matter, they were governed by a most
equitable law. For any city of the first class had the right to cast three votes,
of the second two, of the third one. In the same proportion they also paid
taxes, and performed other duties. For as reason itself dictates, and as equity
demands that those who possess more and are richer than others, should
contribute more to the public service and the support of the State, thus also
the same rule of equity requires that, in deciding with regard to the common
interest, those same persons should have greater influence than others ; espe-
1787] JAMES MADISON. 371
Amphyctionic Confederacy
Instituted by Amphyction son of Deucalion King of Athens
1522 years Ant.: Christ.: Code De 1'Humanite.
Seated first at Thermopylae, then at Delphos, afterwards at
these places alternately. It met half yearly to wit in the Spring
& Fall, besides extraordinary occasions. Id. In the latter
meetings, all such of the Greeks as happened to be at Delphos
on a religious errand were admitted to deliberate, but not to
vote. Encyclopedic. *
The number and names of the confederated Cities differently
reported. The Union seems to have consisted originally of the
Delphians and their neighbors only, and by degrees to have
comprehended all Greece. 10, n, 12, are the different numbers
of original members mentioned by different Authors. Code de
1'Humanite.
Each city sent two deputies one to attend particularly to
Religious matters — the other to civil and criminal matters
affecting individuals — both to decide on matters of a general
nature. Id. Sometimes more than two were sent, but they
had two votes only. Encyclop.
The Amphyctions took an oath mutually to defend and protect
the united Cities — to inflict vengeance on those who should sacri
legiously despoil the temple of Delphos — to punish the violators
of this oath — and never to divert the water courses of any of the
Amphyctionic Cities either in peace or in war. Code de 1'Hum.
^Eschines orat : vs. Ctesip.
The Amphyctionic Council was instituted by way of defence
and terror ag^ the Barbarians. Dicf.e de Treviux.
daily since they are more interested in the welfare of the State than are
the poor. They had no fixed place for this assembly, but they selected,
from the entire number, the city that seemed best suited to the occasion.
The assembly having convened, they first designated a Lyciarch as head of
the whole State ; they next chose other magistrates to govern the component
parts of the State, and finally, they established courts of justice. And they
did all these things maintaining the same proportion, so that no city was
neglected, or was excluded from participation in these functions and honors.
And this state of things remained unchanged until the time when the Romans,
having become masters of Asia, brought it also under their control.
1 Encyclopedic, published under the direction of Diderot and d'Alembert.
372 THE WRITINGS OF [1787
Foedral Authority.
The Amphyctions had full power to propose and resolve what
ever they judged useful to Greece. Encycop Pol. GEcon.
1. They judged in the last resort all differences between the
Amphyctionic cities. Code de 1'Hum.
2. mulcted the aggressors. Id.
3. employed whole force of Greece ag5.' such as refused to
execute its decrees. Id. & Plutarch, Cimon.
4. guarded the immense Riches of the Temple of Delphos, and
decided controversies between the inhabitants and those who
came to consult the Oracle. Encyclop.
5. superintended the Pythian games. Code de 1'Hum.
6. exercised right of admitting new members. See decree
admitting Philip, in Demosthenes on Crown.
7. Appointed General of the federal troops with full powers to
carry their decrees into execution. Ibid.
8. Declared & carried on war. Code de 1'Human.
Strabo says that the Council of the Amphyctions was dissolved
in the time of Augustus ; but Pausanias, who lived in the time of
Antoninus Pius says it remained entire then, and that the number
of Amphyctions was thirty. Potter's Gre. Ant : Vol. i, p. 90.'
The institution declined on the admission of Phil and in the
time of the Roman Emperors, the functions of the Council were
reduced to the administration & police of the Temple. This
limited authority expired only with the Pagan Religion. Code de
1'Human.
Vices of the Constitution.
It happened but too often that the Deputies of the strongest
Cities awed and corrupted those of the weaker, and that Judg
ment went in favor of the most powerful party. Id. see also
Plutarch's Themistocles.
Greece was the victim of Philip. If her Confederation had
been stricter, & been persevered in, she would never have yielded
to Macedon, and might have proved a Barrier to the vast projects
of Rome. Code de 1'Hum.
Philip had two votes in the Council. Rawleigh Hist : World,
lib. 4, c. i, Sec. 7 _____
1 John Potter's Archeologia Grceca, two volumes, Oxford, (1688-9).
1787] JAMES MADISON. 373
The execution of the Amphyctionic powers was very different
from the Theory. Id. — It did not restrain the parties from war
ring ags.1 each other. Athens & Sparta were members during
their conflicts. Quer. whether Thucidides or Xenophon in their
Histories ever allude to the Amphyctionic authority which ought
to have kept the peace ?
See Gillies' Hist. Greece, particularly Vol. II. p. 345.
Achaean Confederacy
In 124 olymp? the Patrians & Dymaeans joined first in this
league. Polyb. lib. 2, c. 3.1
This League consisted at first of three small Cities. Aratus
added Sicyon, and drew in many other Cities of Achaia &
Peloponnesus. Of these he formed a Republic of a peculiar sort.
Code de 1'Human.
It consisted of twelve cities, and was produced by the necessity
of such a defence agst the Etolians. Encyclo. PoL OE. & Polyb.
lib. 2.
The members enjoyed a perfect equality, each of them sending
the number of deputies to the Senate. Id.
The Senate assembled in the Spring & Fall, and was also con
vened on extraordinary occasions by two Pretors charged with
the administration during the recess, but who could execute
nothing with* the consent of the Inspectors. Id.
Foederal Authority
1. The Senate composed of the deputies made war & peace.
D'Albon I page 270
2. Appointed a Captain General annually. Co. d'Hum.
3. Transferred the power of deciding to ten Citizens taken
from the deputies, the rest retaining a right of consultation only.
Id.
4. Sent and received Ambassadors. D'Albon. Ibid.
5 appointed a prime Minister. D'Albon. Ibid.
6. Contracted foreign Alliances. Code de 1'Hum.
7. Confederated Cities in a manner forced to receive the same
laws & customs weights & measures : Id. & Polyb. lib. 2 cap. 3,
yet considered as having each their independent police & Magis
trates. Encyclop. Pol. CEcon.
1 Polybe's General History (probably the Paris edition of 1609).
374 THE WRITINGS OF [1787
8. Penes hoc concilium erat summum rerum arbitrium, ex cujus
decreto bella suscipiebantur, & finiebantur, pax conveniebat, fce-
dera feriebantur & solvebantur, leges fiebant ratce aut irritce. Hujus
etiam erat Magistratus toti Societati communes eligere, legationes
decernere &c. Regebant concilium praetor praecipue, si praesens
esset, et magistratus alii, quos Achaei Srjpiovpyovz nuncupabant.
Ubbo Emmius.
Hi numero X erant suffragiis legitimi concilii, quod verno tem-
pore habebatur, electi ex universa societate prudentia praecipui,
quorum concilio potissimum praetor ex lege utebatur. Horum
potestas & dignitas maxima erat post ipsum Praetorem, quos
idcirco Livius, Polybium sequens, summum Achaeorum magistra-
tum appellabat. Cum his igitur de negociis gravioribus in concilio
agitandis Praetor praeconsultabat, nee de iis, nisi in id pars major
consentiret, licebat ad consilium referre. Id.
Ista vero imprimis memorabilis lex est, vinculum societatis
Achaicae maxime" stringens, et concordiam muniens, qua inter-
dictum fuit, ne cui civitati Societatis hujus participi fas esset,
seorsim ad exteros ullos mittere legatos, non ad Romanos, non
ad alios. Et hoc expressim inserta fuit pactis conventis Achaeo
rum cum populo Romano. . . . Omnium autem lauda-
tissima lex apud eos viguit &c., qua vetitum, ne quis omnino,
sive privatae conditionis, sen magistratum gerens, ullam ob causam,
quaecunque etiam sit, dona a Rege aliquo caperet.1 Id.
1 Translation : This assembly was invested with the supreme authority,
and in pursuance of its decisions wars were begun and ended, and laws became
valid and were abrogated. It was also within its province to choose magistrates
common to the whole community, to decide upon sending embassies, etc. . . .
The praetor, especially, presided over the assembly, if he was present, and
also other magistrates, whom the Achsei called drjjiiiovtyoi. These were ten in
number, and were elected from the entire community by a vote of the legitimate
assembly (which was held in the spring) as being eminent for wisdom, and their
advice was mainly followed by the praetor, according to law. Their power
and dignity were next to those of the praetor and therefore Livy, following
Polybius(II, 38 seq.}, calls them the chief magistracy of the Achaeans. With
these therefore the praetor consulted beforehand concerning the transaction of
the more important business in the assembly, nor was it allowable, unless the
majority concurred, to lay it before the assembly.
That was indeed a specially memorable law, drawing very close the bond of
the Achaean league, and strengthening harmony ; by it any city forming part
1787] JAMES MADISON. 375
Vices of the Constitution.
The defect of subjection in the members to the general au
thority ruined the whole Body. The Romans seduced the members
from the League by representing that it violated their sovereignty.
Code de 1'Human.
After the death of Alexander, this Union was dissolved by
various dissentions, raised chiefly thro' the acts of the Kings of
Macedon. Every City was now engaged in a separate interest
& no longer acted in concert. Polyb. lib. 2, cap. 3. After in 142
Olympd, they saw their error & began to think of returning to their
former State. This was the time when Pyrhus invaded Italy. Ibid.
Helvetic Confederacy.
Commenced in 1308 by the temporary, and in 1315 by the
perpetual Union of Uri, Switz & Underwald, for the defence
of their liberties ag5.' the invasions of the House of Austria. In
1315 the Confederacy included 8 Cantons, and 1513 the number of
13 was compleated by the accession of Appenzel. Code de 1'Hum.
The General Diet representing the United Cantons is composed
of two deputies from each. Some of their allies as the Abbi S*.
Gall &c., are allowed by long usage to attend by their deputies. Id.
All general Diets are held at such time & place as Zurich,
which is first in rank & the depository of the common archives,
shall name in a circular summons. But the occasion of annual
conferences for the administration of their dependent bailages
has fixed the same time, to wit the feast of St. John, for the Gen
eral Diet. And the city of Frauenfeld in Turgovia is now the
place of Meeting. Formerly it was the City of Baden. Id.
The Diet is opened by a Complimentary Address of the first
Deputy of each Canton by turns, called the Helvetic salutation.
It consists in a congratulatory review of circumstances & events
favorable to their common interest — and exhortations to Union
and patriotism.
of this league was forbidden to send, independently, ambassadors to any foreign
nation ; they were not to send them to the Romans, and not to others. And
this was expressly inserted in the treaties of the Achaeans with the Roman
people. . . . The most excellent law of all was in force among them
. . . whereby any one, whether a private individual or a magistrate, was
forbidden to accept gifts from any King on any account whatever.
376 THE WRITINGS OF [1787
The deputies of the first canton Zurich propose the matters to
be discussed. Questions are decided by plurality of voices. In
case of division, the Bailiff of Turgovia has the casting one. The
Session of the Diet continues about a month. Id.
After the objects of universal concern are despatched, such
of the deputies whose Constituents have no share in the depend
ent bailages, withdraw, and the Diet then becomes a representa
tion of the Cantons to whom these bailages belong, and proceeds
to the consideration of the business relating thereto. Id.
•Extraordinary Diets for incidental business or giving audience
to foreign ministers may be called at any time by any one of the
Cantons or by any foreign minister who will defray the expense
of meeting. Seldom a year without an extraordinary Diet.
Stanyan's Switzerland
There is an annual Diet of 12 Cantons by one deputy from
each for the affairs of the Ultramontane bailages. Code de
1'Human.
Particular Cantons also have their diets for their particular
affairs, the time & place for whose meeting are settled by their
particular Treaties.
All public affairs are now treated not in Gen! Diet, but in the
particular Assemblies of Protestant & Catholic Cantons. D'Albon.
Foederal Authority
The title of Republic and Sovereign State improperly given
to this Confederacy, which has no concentered authority the Diets
being only a Congress of Delegates from some or all of the Can
tons, and having no fixt objects that are national. Dictionaire
de Suisse.
The 13 Cantons do not make one Commonwealth like the
United Provinces, but are so many independent Comonwealths
in strict alliance. There is not so much as any common instru
ment by which they are all reciprocally bound together ; The 3
primitive Cantons alone being each directly allied to the other
twelve. The others in many instances are connected l indirectly
only, as allies of allies. In this mode any one Canton may draw
1 Note in Madison's writings : By ye Convention of Stantz, any member
attacked has a direct claim on the succour of the whole confederacy. Coxe, p.
343. William Coxe's Voyages.
1787] JAMES MADISON. 377
in all the others to make a common cause in its defence. Stanyan.
The confederacy has no common Treasury — no common
troops — no common Coin — no common Judicatory — nor any
other common mark of sovereignty. Id.
The General Diet cannot terminate any interesting affair with
out special instructions, & powers, & the deputies accordingly
take most matters proposed ad referendum. Code de 1'Hum.
The Cantons individually exercise the right of sending & re
ceiving ambassadors — making Treaties — coining money — pro
scribing the money of one another — prohibiting the importation
and exportation of merchandise — furnishing troops to foreign
States, and doing everything else which does not wound the liberty
of any other Canton. Excepting a few cases specified in the
Alliances and which directly concern the object of the league,
no Canton is subject to the Resolutions of the plurality. Id.
The only establishment truly national is that of a federal army,
as regulated in 1668, and which is no more than an eventual plan
of defence adopted among so many allied States. Id.
1. The League consists in a perpetual defensive engagement
ag5.' external attacks and internal troubles. It may be regarded
as an axiom in the public Law of the confederacy, that the federal
engagements are precedent to all other political engagements of
the Cantons. Id.
2. Another axiom is that there are no particular or common
possessions of the Cantons for the defence of which the others are
not bound as Guarantees or auxiliaries of Guarantees. Id.
3. All disputes are to be submitted to Neutral Cantons, who
may employ force if necessary in execution of their decrees. Id.
Each party to choose 4 Judges who may in case of disagree
ment chuse umpire, and these under oath of impartiality to
pronounce definitive sentence, which all Cantons to enforce. —
D'Albon. & Stan.
4. No Canton ought to form new alliances without the consent
of the others [this was stipulated in consequence of an improper
alliance in 1442 by Zurich with the House of Austria.] Id.
5. It is an essential Object of the league to preserve interior
tranquillity by the reciprocal protection of the form of Governm'
established in each Canton, so that each is armed with the force
378 THE WRITINGS OF [1787
of the whole Corps for the suppression of rebellions & Revolts,
and the History of Switzerland affords frequent instances of
mutual succors for these purposes. Dictr? de Suisse.
6. The Cantons are bound not to give shelter to fugitives from
Justice, in consequence of which each Canton can at this day
banish malefactors from all the territories of the League. Id.
7. Tho' each Canton may prohibit the exportation & importa
tion of merchandize, it must allow it to pass thro' from one neigh
boring Canton to another without any augmentation of the tolls.
Code de 1'Hum.
8. In claiming succors agst foreign powers, the 8 Elder Cantons
have a more extensive right than the 5 Junior ones. The former
may demand them of one another without explaining the motives
of the quarrel. The latter cannot intermeddle but as mediators
or auxiliaries ; nor can they commence hostilities without the
sanction of the Confederates ; and if cited by their adversaries)
cannot refuse to accept the other Cantons for arbiters or Judges.
Dictr.e de Suisse.
9. In general each Canton is to pay its own forces without
compensation from the whole or the succoured party. But in
case a siege is to be formed for the benefit of a particular Canton,
this is to defray the expence of it, and if for the common benefit,
each is to pay its just proportion. D'Albon. On no pretext is a
Canton to be forced to march its troops out of the limits of
Switzerland. Stanyan.
10. Foreign Ministers from different Nations reside in different
Cantons. Such of them as have letters of credence for the whole
Confederacy address them to Zurich the chief Canton. The Am
bassador of France, who has most to do with the Confederacy is
complimented at his Quarters by deputies from the whole body.
Vices of the Constitution
1. disparity in size of Cantons
2. different principles of Governm* in diff* Cantons
3. intolerance in Religion
4. weakness of the Union. The comon bailages w0!1 served as
a cement, sometimes become occasions of quarrels. Dictr.e de
Suisse.
In a treaty in 1683 with Victor Amadceus of Savoy, it is stip-
1787] JAMES MADISON. 379
ulated that he shall interpose as Mediator in disputes between the
Cantons, and if necessary use force ags.1 the party refusing to sub
mit to the sentence. Dictr.e de Suisse. — a striking proof of the
want of authority in the whole over its parts.
Belgic Confederacy
established in 1679 by the Treaty called the Union of Utrecht.
Code de 1'Humanite.
The provinces came into this Union slowly. Guelderland the
smallest of them made many difficulties. Even some of the Cities
& towns pretended to annex conditions to their acceding. Id.
When the Union was originally established a committee com
posed of deputies from each province was appointed to regulate
affairs, and to convoke the provinces according to art. XIX of the
Treaty. Out of this Committee grew the States General Id. —
who strictly speaking are only the Representatives of the States
General who amount to 800 members. Temple, p. 112. *
The number of Deputies to the States General from each prov
ince not limited, but have only a single voice. They amount
commonly, all together to 40 or 50. They hold their seats, some
for life, some for 6 3 & i years, & those of Groninguen &
Overyssel during pleasure. They are paid, but very moderately,
by their respective constituents, and are amenable to their Trib
unals only. Code de 1'Hum. No military man is deputable to
the States Gen! Id.
Ambass" of Republic have session & deliberation but no suf
frage in States Gen!. Id. The grand pensioner of Holland as
ordinary deputy from Holland, attends always in the States Gen1,
& makes the propositions of that Province to States G1. Id.
They sit constantly at the Hague since 1593, and every day in
the week except Saturday & Sunday. The States of Holland in
granting this residence, reserve by way of protestation, the
rights, the honors & prerogatives belonging to them as sovereigns
of the Province ; yielding the States Gen! only a rank in certain
public ceremonies. Id.
The eldest deputy from each province presides for a week by
turns. The president receives letters &c. from the Ministers of
the Republic at foreign Courts, and of foreign Ministers residing
1 Sir William Temple's Remarks on the United Provinces (1674).
380 THE WRITINGS OF [1787
at the Hague, as well as of all petitions presented to theAssembly ;
all which he causes to be read by the Secretary. Id.
The Secretary besides correcting & recording the Resolutions
prepares & despatches instructions to Ministers abroad— & letters
to foreign powers. He assists also at conferences held with
foreign Ministers 6° there gives his voice. He has a deputy when
there is not a second Secretary. The Agent of the States Gen1 is
charged with the Archives and is also employed on occasions of
receiving foreign Ministers or sending Messages to them. Id.
Federal Authority.
The avowed objects of the Treaty of Union, i. to fortify the
Union — 2. to repel the common enemy. Id
The Union is to be perpetual in the same manner as if the
Confederates formed one province only, without prejudice how
ever to the privileges & rights of each province & City. Id.
Differences between provinces & between Cities are to be set
tled by the ordinary Judges — by arbitration — by amicable agree
ment, without the interference of other provinces otherwise than
by way of accommodation. The Stadtholder is to decide such
differences in the last resort. Id.
No change to be made in the articles of Union, without unani
mous consent of the parties & everything done contrary to them
to be null & void. Id
States General, i. execute, without consulting their con
stituents, treaties & alliances already formed. Id.
2. take oaths from Generals & Govern", and appoint Field
Deputies
3. The collection of duties on imports & exports and the expe
dition of Safe Conducts are in their name & by their officers. Id.
4. they superintend & examine accounts of the E. India Com
pany. Id
5. inspect the Mint — appoint les Maitres de la Monnoye — fix la
tattle & la valeur of the Coin, having always regard to the regular
rights of the provinces within their own Territories. Id.
6. Appoint a Treasurer General & Receiver General of the
Quotas furnished by the Provinces. Id.
7. elect out of a double nomination, the fiscal & other officers
within the departments of the admiralties, except that the High
1787] JAMES MADISON. 381
officers of the fleet are appointed by the Admiral General, to
whom the maritime provinces have ceded this right. Id. — The
Navy supported by duties on foreign trade, appropriated
thereto by the maritime provinces, for the benefit of the whole
Republic. Id.
8. They govern as sovereigns, the dependent territories, accord
ing to the several capitulations. Id.
9. they form Committees of their own body of a member from
each deputation, for foreign affairs — finances marine — & other
matters. At all these conferences the Grand Pensioner of Hol
land & the Secretary of the States Gen! attend and have a
deciding voice. Id.
10. App* & receive Ambassrs— negociate w1!1 foreign powers —
deliberate on war — peace — alliances — the raising forces — care of
fortifications — military affairs to a certain degree — the equipment
of fleets — building of ships — directions concerning money. Id.
But they can neither make peace — nor war — nor truces — nor
treaties — nor raise troops — nor impose taxes, nor do other acts
requiring unanimity without consulting & obtaining the sanction
of the Provinces. Id. Coining money also requires unanimity &
express sanction of provinces. Temple, repealing an old law
on same footing. Burrish. Batav. illustrata. In points not enu
merated in this article plurality of voices decides. Code de
I'Hum.
11. composition & publication of edicts & proclamations rela
tive both to the objects expressed in the articles of Union and to
the measures taken for the cofhon good, are in the name of the
States, and altho' they are addressed to the States of th'e Pro
vinces who announce them with their sanction, still it is in the
name of the States Gen! that obedience is required of all the
inhabitants of the provinces. Code de 1'Hum.
The Provinces have reserved to themselves
1. their sovereignty within their own limits in general. Code
de I'Hum.
2. the right of coining money, as essential to Sovereignty, but
agreed at the same time that the money which s^ be current
throughout the Republic sd. have the same intrinsic value : To
give effect to which regulation a mint is established at the Hague
382 THE WRITINGS OF [1787
under a chamber which has the inspection of all money
struck either in name of States Gen- or particular provinces, as
also of foreign coin. Id. — Coining money not in provinces or
Cities, but in the generality of Union by comon agreement.
Temple.
3. Every province raises what money & by what means it
pleases, and sends its quota to Receiver General Temple.
The quotas were not settled without great difficulty. Id.
4. the naming to GoverV5 of Towns within themselves — keeping
keys & giving word to Magistrates — a power over troops in all
things not military — conferring Col* Comissions & inferior posts
in such Regiments as are paid by the provinces respectively
— taking oath of fidelity — concerning a revocation of all which
the States Gen1 are not permitted to deliberate. Id.
The Provinces are restricted
1. from entering into any foreign Treaties without consent of
the rest. Code de Hum.
2. from establishing imposts prejudicial to others without gen
eral consent. Id.
3. from charging their neighbours with higher duties than their
own subjects. Id.
Council of State. — composed of deputies from the provinces in
different proportions. 3 of them are for life, the rest generally
for 3 years : they vote per capita. Temple.
They are subordinate to the States General, who frequently
however consult with them. In matters of war which require
secrecy they act of themselves. Military & fiscal matters are the
objects of their administration. They vote
They execute the resolutions of the States Gen!, propose requi
sitions of men & money & superintend the fortifications &c., &
the affairs of revenues & Govl.s, of the conquered possessions.
Temple.
Chamber of Accounts, was erected for the ease of the Council
of State. It is subordinate to the States Gen1, is composed of two
deputies from each province, who are changed triennially. They
examine and state all accts of the several Receivers — controul and
register orders of Council of State disposing of the finances. Id.
College of Admiralty established by the States Gen1 1597 is
1787] JAMES MADISON. 383
subdivided into five of w°^ three are in Holland — one in Zealand
— one in Friezland, each composed of 7 deputies, 4 appl by the
province where the admiralty resides & 3 by the other provinces.
The vice-Admiral presides in all of them when he is present.
Temple.
They take final cognizance of all crimes & prizes at sea ;
of all frauds in customs provide quota of
fleets resolved on by States Gen! app* Capt* & superior officers of
each squadron take final cognizance also of Civil matters within
600 florins — an appeal lying to States Gen1 for matters beyond
that sum. Code de 1'Hum. & Temple.
The authority of States Gen! in Admiralty Depmart* is much
limited by the influence & privileges of maritime provinces, & the
jurisdiction herein is full of confusion & contradiction. Code de
rhumanite.
Stadtholder who is now hereditary in his political capacity is au
thorized i. to settle differences between provinces, provisionally
till other methods can be agreed on, which having never been this
prerogative may be deemed a permanent one. Code de 1'Hum.
2. Assists at deliberations of States Gen! & their particular
conferences, recommends & influences appointm' of Ambassa
dors. Id.
3. has seat & suffrage in Council of State. Id.
4. presiding in the provincial Courts of Justice where his name
is prefixed to all public acts. Id.
5 supreme Curator of most of the Universities. Id.
6. As Stadtholder of the provinces has considerable rights par
taking of the sovereignty, as appointing town magistrates on pres
entation made to him of a certain number. Executing provincial
decrees &c Id. & Mably, Etud. de 1'hist.
7. gives audiences to Ambassadors & may have Agents with
their Sovereigns for his private affairs. Mab. Ibid1
8. exercises power of pardon. Temple.
In his Military capacity as Cap* Gen!
1. commands forces — directs marches — provides for garrisons —
& in general regulates military affairs. Code de 1'Hum.
2. disposes of all appointm^, from Ensigns to Cols. The
1 Gabriel Bonnot de Mably (1709-1785).
384 THE WRITINGS OF [1787
Council of State hav? surrendered to him the appointm'? within
their disposal Id. & the States Gen! app1 the higher grades on
his recomendation. Id
3. disposes of the Gov*5 &c. of the fortified towns tho' the
comissions issue from the States Gen! Id.
In his Marine capacity as Admiral General i. superintends
& directs everything relative to naval forces & other affairs within
Admiralty. Id
2 presides in the Admiralties in person or by proxy. Id
3 Appoints Lieuts. Admirals & officers under them. Id.
4. establishes Councils of war, whose sentences are in the
name of the States Gen! & his Highness and are not executed till
he approves. Id.
The Stadtholder has a general & secret influence on the great
machine which cannot be defined. Id.
His Revenue from appointm1.5 amount to 300,000 florins, to
which is to be added his extensive patrimonies. Id.
The standing army of the Republic, 40,000 men.
Vices of the Constitution
The Union of Utrecht imports an authority in the States Gen!
seemingly sufficient to secure harmony ; but the Jealousy in each
province of its sovereignty renders the practice very different
from the Theory. Code de 1'Hum.
It is clear that the delay occasioned by recurring to seven inde
pendent provinces including about 52 voting Cities &c. is a vice
in the Belgic Republic which exposes it to the most fatal incon
veniences. Accordingly the fathers of their country have en
deavored to remedy it in the extraordinary Assemblies of the
States Gen! in (1584) in 1651, 1716, 1717, but unhappily without
effect. This vice is notwithstanding deplorable. Id. — Among
other evils it gives foreign ministers the means of arresting the
most important deliberations by gaining a single province or city.
This was done by France in 1726, when the Treaty of Hanover
was delayed a whole year. In 1688 the States concluded a Treaty
of themselves but at the risk of their heads. Id. It is the practice
also in matters of contribution or subsidy to pass over this article
of the Union, for where delay wc! be dangerous the consenting
provinces furnish their quotas without waiting for the others, but
1787] JAMES MADISON. 385
by such means the Union is weakened and if often repeated must
be dissolved — Id.
Foreign Ministers elude matters taken ad referendum by tam
pering with the provinces & Cities. Temple p. 116.
Treaty of Union obliges each Province to levy certain contri
butions. But this article never could probably never will be
executed because the inland provinces who have little commerce
cannot pay an equal Quota. Burrish, Bat. illustrat :
Deputations from agreeing to disagreeing provinces frequent.
Temple.
It is certain that so many independent Corps & interests could
not be kept together without such a center of Union as the Stadt-
holdership, as has been allowed & repeated in so many solemn
Acts. Code de Hum.
In the intermission of the Stadtholdership Holland by her
Riches & Authority which drew the others into a sort of depend
ence, supplied the place. Temple.
With such a Governm' the Union never cd. have subsisted, if
in effect the provinces had not within themselves a spring capable
of quick — ing their tardiness, and impelling them to the same way
of thinking. This Spring is the Stadtholder. His prerogatives are
immense — i, &c. &c. — A strange effect of human contradictions.
Men too jealous to confide their liberty to their representatives
who are their equals, abandoned it to a prince who might the
more easily abuse it as the affairs of the Republic were important
& had not them fixed themselves. Mably Etude d'Hist., 205. 6.
Grotius has s^ that the hatred of his countrymen ags.1 the H of
Austria kept them from being destroyed by the vices of their
Constitution. Ibid.
The difficulty of procuring unanimity has produced a breach of
fundamentals in several instances — Treaty of Westphalia was
concluded without consent of Zealand &c D'Albon & Temple
-These tend to alter the constitution D'Albon.
It appears by several articles of the Union that the confeder
ates had formed the design of establishing a Gen1 tax, [Impot,] ta
be administered by the States Gen! . But this design so proper
for bracing this happy Union has not been executed. Code de
1'Hum.
386 THE WRITINGS OF [1787
Germanic Confederacy — took its present form in the year • .
—Code de 1'Hum.
The Diet is to be convoked by the Emperor, or on his failure,
by the Archbishop of Mentz, with consent of Electors once in
ten years at least from the last adjournment, and six months
before the time of meeting. Ratisbon is the seat of the Diet
since 1663.
The members amount to 285, and compose three Colleges, to
wit, that of the Electors — of Princes — of Imperial Cities. The
voices amount to 159, of which 153 are individual & 6 collective.
The latter are particular to the College of princes and are formed
out of 39 prelates &c. and 93 Counts &c. The individual voices
are common to the three Colleges, and are given by 9 Electors —
94 princes, 33 of the ecclesiastical & 61 of the secular Bench — &
50 Imperial Cities, 13 of the Rhenish, & 37 of the Suabian Bench.
The K. of Prussia has nine voices in as many different capaci
ties. Id
The three Colleges assemble in the same House but in differ
ent apartments Id
The Emperor as head of the Germanic body is presid.1 of the
Diet. He & others are represented by proxies at present. Id
The deliberations are ground'? on propositions from Emperor &
commerce in the College of Electors, from whence they pass to
that of the princes, & thence to that of the Imperial Cities. They
are not resolutions till they have been passed in each. When the
Electors & Princes cannot agree, they confer ; but do not confer
with the Imperial Cities, plurality of voices decide in each Col
lege, except in matters of Religion & a few reserved cases, in
which according to the Treaty of Westphalia, and the Imperial
Capitulations the Empire is divided into the Catholic & Evan
gelic Corps. Id.
After the Resolutions have passed the three Colleges, they are
presented to the Representative of the Emperor, without whose
ratification they are null. Id they are called placita after pass
ing the three Colleges — conclusa after ratification by Emperor. Id.
The Collection of Acts of one Diet is called the Recess, which
cannot be made up & have the force of law, till the Close of the
Diet, the subsisting diet has not been closed for more than a
1787] JAMES MADISON. 387
hundred years, of course it has furnished no effective Resolution,
though a great number of Interesting ones have passed. This
delay proceeds from the Imperial Court who refuse to grant a
Recess, notwithstanding the frequent and pressing applications
made for one. Id
Foederal Authority.
The powers as well as the organization of the Diet have varied
at different times. Antiently it elected as a corps the Emperors
and judged of their Conduct. The Golden Bull gives this right
to the Electors alone. Antiently it regulated tolls — at present
the Electors alone do this. Id
The Treaty of Westphalia & the capitulations of the Emperors
from Charles V downwards, define the present powers of the Diet.
These concern — i. Legislation of the Empire — 2. War & peace &
alliances — 3. raising troops — 4. contributions — 5 construction of
fortresses— 6 Money — 7 Ban of the Empire. 8 Admission of
new princes — 9. the Supreme tribunals — 10. disposition of Grand
fiefs & grand Charges — In all these points the Emperor & Diet
must concur. Id
The Ban of the Empire is a sort of proscription by which the
disturbers of the public peace are punished. The offenders life
& goods are at the mercy of every one, formerly the Emperors
themselves pronounced the ban ag" those who offended them. It
has been since regulated that no one shall be exposed to the Ban
without the examination & consent of the Diet. Encyclop.
By the Ban the party is outlawed, degraded from all his fed
eral rights — his subjects absolved from their allegiance — and his
possessions forfeited. Code de 1'Hum.
The Ban is incurred when the Emperor or one of the supreme
Tribunals address an order to any one, on pain in case of dis
obedience, of being proscribed ipso facto. Id.
The Circles formerly were in number 6 only. There are now
ten. They were instituted for the more effectual preservation of
the public peace, and the execution of decrees of Diet & supreme
Tribunals against contumacious members, for which purposes
they have their particular diets, with the chief prince of the
Circle at their head, have particular officers for commanding the
forces of the Circle, levy contributions, see that Justice is duly
388 THE WRITINGS OF [1787
administered — that the coin is not debased — that the customs are
not unduly raised. — Savage vol. 2 p. 35.
If a Circle fail to send its due succours, it is to pay damages
suffered therefrom to its neighbours. If a member of the circle
refuse, the Col. of the Circle is to admonish, & if this be insuf
ficient, the delinquent party is to be compelled under a sentence
from the Imperial Chamber. Id.
Aulic Council [established by Diet in 1512. Encyclop.,] com
posed of members appointed by the Emperor. Code de
1'Hum.
Its cognizance is restrained to matters above 2,000 Crowns ; is
concurrent with the jurisdiction of the Imperial Chamber in con
troversies between the States — also in those of subjects of the
Empire by way of appeal from subaltern Tribunals of the Empire,
and from sovereign tribunals of princes. Id. — Arms are to be
used for carrying its decrees into execution, as was done in 1718
by the troops of the Circle of upper Rhine in a controversy be
tween Landgrave of Hesse Cassel & Prince of Hesse of Rhin-
fitz. Id.
Imperial Chamber, established in 1495 by the Diet as a means
of public peace, by deciding controversies between members of
the Empire. Code de 1'Hum.
This is the first Tribunal of the Empire. It has an appellate
jurisdiction in all Civil, and fiscal causes or where the public
peace may be concerned. It has a concurrent jurisdiction with
the Aulic Council; and causes cannot be removed from one to
the other. Id.
The Judges of this Tribunal are appointed partly by the Em
peror — partly by Electors — partly by circles — are supported by
all the States of the Empire, excepting the Emperor. They are
badly paid, though great salaries are annexed to their offices. Id.
In every action, real or personal — The Diet— Imperial Chamber
and Aulic Council are so many supreme Courts to which none of
the States can demur. The jurisprudence, by which they govern
themselves, are according to the subject matter — i. the provincial
laws of Germany 2. the Scripture — 3 the law of nature — 4 law
of Nations — 5 the Roman law — 6 the canon law — 7 the foedal
law of the Lombards. Id.
1787] JAMES MADISON. 389
Members of Diet as such are subject in all public affairs to be
judged by Emperor & Diet, — as individuals in private capacity
are subject to Aulic Council & Imperial Chamber. Id.
The members have reserved to themselves the right i. to enter
into war & peace with foreign powers 2 to enter into alliances
with foreign powers and with one another, not prejudicial to their
engagements to the Empire Code de 'Hum. — 3 to make laws,
levy taxes, raise troops, to determine on life & death. Savage.
4 Coin money. Id. 5. exert territorial sovereignty within their
limits in their own name. Code de 1'Hum. 6. to grant pardons.
Savage, p. 44. 7. to furnish their quotas of troops, equipped
mounted & armed & to provide for sustenance of them, as if they
served at home. Code de I'Hum.
Members of Empire restricted
1. from entering into Confederacies prejudicial to the Empire.
2. from laying tolls or customs upon bridges, rivers, or pas
sages to which strangers are subject, without consent of the
Emperor in full Diet.
3. cannot give any other value to money, nor make any other
kind of money, than what is allowed by the Empire. Savage vol.
2, p. 45-
4. (by edict of 1548, particularly) from taking arms one ag5'
another, from doing themselves justice — from affording retreat,
much more, assistance to infractors of the public peace ; the ban
of the Empire being denounced ag5' the transgressors of these
prohibitions, besides a fine of 2000 marks of gold and loss of
regalities. — Code d'Hum.
Emperor. — has the prerogative i. of exclusively making
propositions to the Diet — 2 presiding in all Assemblies & Tri
bunals of the Empire when he chuses — 3 of giving suffrage in
all affairs treated in the diet — 4 of negativing their resolutions —
5 of issuing them in his own name — 6 of watching over the safety
of the Empire — 7 of naming Ambassadors to negociate within
the Empire as well as at foreign Courts — affairs concerning the
Germanic Corps. 8. of re-establishing in good fame persons dis
honored by Council of war & civil Tribunals. Code d'Hum. —
9 of giving investiture of the principal immediate fiefs of the
Empire, wch is not indeed of much consequence — 10 of con-
390 THE WRITINGS OF [1787
ferring vacant electorates — n of preventing subjects from being
withdrawn from the jurisdiction of their proper Judge — 12. Of
conferring charges of the Empire. 13 of conferring dignities &
titles as of Kings &c. — 14 of instituting military orders — 15 of
granting the dernier resort — 16. of judging differences & contro
versies touching tolls — 17. of deciding contests between Catholic
& Protestant States touching precedence &c. — Id. — 18. of found
ing Universities within the lands of the States, so far as to make
the person endowed with Academic honors therein be regarded
as such throughout Germany. — 19 of granting all sorts of privi
leges not injurious to the States of the Empire — 20 of establish
ing great fairs — 21 of receiving the droit des Postes generates —
22 of striking money, but without augumenting or diminishing its
value. 23 of permitting strangers to enlist soldiers, conformably
to Recess of 1654. Id. 24. Of receiving and applying Revenues
of Empire. — Savage, p. . He cannot make war or peace, nor
laws, nor levy taxes nor alter the denomination of money nor
weights or measures. — Savage, v. 2, p. 35. The Emperor as such
does not properly possess any territory within the Empire, nor
derive any revenue for his support. Code de 'Hum.
Vices of the Constitution.
1. The Quotas are complained of & supplied very irregularly
& defectively Code de 'Hum. provision is made by decree of
diet for enforcing them, but it is a delicate matter to execute it
ags* the powerful members. Id.
2. The establishing of Imperial Chamber has not been found an
efficacious remedy ags.1 civil wars. It has committed faults. The
Ressortissans have not always been docile. Id.
3. Altho' the establishing of Imperial Chambers &c give a more
regular form to the police of the fiefs, it is not to be supposed
they are capable of giving a certain force to the laws and main
taining the peace of the Empire if the House of Austria had not
acquired power eno' to maintain itself on the imperial Throne,
to make itself respected, to give orders which it might be
imprudent to despise, as the laws were therefore despised. Mabley
Etude d' hist., p. 180
[Jealousy of the Imperial authority seems to have been a great
cement of the Confederacy.]
1835] JAMES MADISON. 391
ORIGIN OF THE CONSTITUTIONAL CONVENTION. MAD. MSS.
A SKETCH NEVER FINISHED NOR APPLIED.1
As the weakness and wants of man naturally lead to an asso
ciation of individuals under a Common Authority, whereby each
may have the protection of the whole against danger from without,
and enjoy in safety within, the advantages of social intercourse,
and an exchange of the necessaries & comforts of life ; in like
manner feeble communities, independent of each other, have re
sorted to a Union, less intimate, but with common Councils, for
the common safety ag5- powerful neighbors, and for the preserva
tion of justice and peace among themselves. Ancient history
furnishes examples of these confederal 2 associations, tho' with a
very imperfect account, of their structure, and of the attributes
and functions of the presiding Authority. There are examples of
modern date also, some of them still existing, the modifications
and transactions s of which are sufficiently known.
It remained for the British Colonies, now United States, of
North America, to add to those examples, one of a more interest
ing character than any of them 4 which led to a system without an
example b ancient or modern, a system founded on popular rights,
and so combining a federal form with the forms of individual
Republics, as may enable each to supply the defects of the other
and obtain that advantage of both.
Whilst the Colonies enjoyed the protection of the parent
Country as it was called, against foreign danger ; and were secured
1 From the context it would appear that this sketch was written about the
year 1835, when Madison was preparing for posthumous publication his journal
of the corTstitutional convention. It is an exceedingly rough draft, written
upon separate slips of paper, and some of these slips have been lost since Gilpin
used the sketch in his edition of Madison's Works (1840). The Bulletin of the
Bureau of Rolls and Library, Department of State, No. 9, October, 1897,
contained about a fifth part of the sketch, but since then all of it has been
found, except the last four paragraphs which are reprinted here from the Gilpin
edition.
2 The word " confederacies " also appears here parallel with " confederal."
3 The word " operations" also appears here.
4 " and leading to another " also appears.
5 The word " precedent " also appears.
392 THE WRITINGS OF [1835
by its superintending controul, against conflicts among themselves,
they continued independent of each other, under a common, tho'
limited dependence, on the Parental Authority. When however
the growth of the offspring in strength and in wealth, awakened
the jealousy and tempted the avidity of the parent, into schemes
of usurpation & exaction,1 the obligation was felt by the former
of uniting their Counsels and efforts, to avert the impending
calamity.
As early as the year 1754, indications having been given of a
design * in the British government to levy contributions on the
Colonies, without their consent ; a meeting of Colonial deputies
took place at Albany, which attempted to introduce a compromis
ing substitute, that might at once satisfy the British requisitions,
and save their own rights from violation. The attempt had no
other effect, than by bringing these rights into a more conspicuous
view, to invigorate the attachment to them, on the one side ; and
to nourish the haughty & encroaching spirit on the other.
In 1774. The progress made by G. B. in the open assertion of
her pretensions, and the apprehended purpose of otherwise main
taining them by Legislative enactments and declarations, had been
such that the Colonies did not hesitate to assemble, by their
deputies, in a formal Congress, authorized to oppose to the British
innovations whatever measures might be found best adapted to
the occasion ; without however losing sight of an eventual recon
ciliation.
The dissuasive 3 measures of that Congress, being without
effect, another Congress was held4 in 1775, whose pacific
efforts to bring about a change in the views of the other
party, being equally unavailing, and the commencement of
actual hostilities having at length put an end to all hope of recon
ciliation ; the Congress finding moreover that the popular voice
began to call for an entire & perpetual dissolution of the political
ties which had connected them with G. B., proceeded on the
memorable 4th of July, 1776 to declare the 13 Colonies Indepen
dent States.
1 " extortion" also appears. " "plan" also appears.
3 " experimental " also appears. 4 " met " also appears.
1835] JAMES MADISON. 393
During the discussions of this solemn Act, a Committee con
sisting of member from each colony had been appointed, to pre
pare & digest a form of Confederation, for the future management
of the Common interests, which had hitherto been left to the dis
cretion of Congress, guided by the exigencies of the contest, and
by the known intentions or occasional instructions of the Colonial
Legislatures.
It appears that as early as the 2istof July 1775, A plan entitled
"Articles of Confederation & perpetual Union of the Colonies,"
had been sketched by Doc' Franklin, The plan being on that day
submitted by him to Congress; and tho' not copied into. their
Journals remaining on their files in his handwriting. But not
withstanding the term "perpetual" observed in the title, the
articles provided expressly for the event of a return of the Colo
nies to a connection with G. Britain.
This sketch became a basis for the plan reported by the Com?
on the 12* of July, now also remaining on the files of Congress, in
the handwriting of Mr. Dickinson. The plan, tho' dated after
the Declaration of Independence, was probably drawn up before
that event ; since the name of Colonies, not States is used through
out the draught. The plan reported, was debated and amended
from time to time, till the 17* of November 1777, when it was
agreed to by Congress, and proposed to the Legislatures of the
States, with an explanatory and recommendatory letter. The
ratifications of these by their Delegates in Cong5, duly authorized
took place at successive dates, but were not compleated till
March i, 1781, when'Maryland who had made it a prerequisite1
that the vacant lands acquired from the British Crown should be
a common fund, yielded to the persuasion that a final & formal
establishment of the federal Union & Gov* would make a favor
able impression not only on other foreign Nations, but on G. B.
herself.
The great difficulty experienced in so framing the fed? system
as to obtain the unanimity required for its due sanction, may be
inferred from the long interval, and recurring discussions, between
the commencement and completion of the work ; from the changes
1 " preliminary" also appears.
394 THE WRITINGS OF [1835
made during its progress ; from the language of Cong? when pro
posing it to the States, wch dwelt on the impracticability of devis
ing a system acceptable to all of them ; from the reluctant assent
given by some ; and the various alterations proposed by others ;
and by tardiness in others again which produced a special address
to them from Cong", enforcing the duty of sacrificing local con
siderations and favorite opinions to the public safety, and the
necessary harmony : Nor was the assent of some of the States
finally yielded without strong protests against particular articles,
and a reliance on future amendments removing their objections.
It is to be recollected, no doubt, that these delays might be
occasioned in some degree, by an occupation of the Public
Councils both general & local, with the deliberations and meas
ures, essential to a Revolutionary struggle ; But there must have
been a balance for these causes, in the obvious motives to hasten
the establishment of a regular and efficient Gov1 ; and in the ten
dency of the crisis to repress opinions and pretensions,1 which
might be inflexible in another state of things.
The principal difficulties which embarrassed the progress, and
retarded the completion of the plan of Confederation, may be
traced to i. the natural repugnance2 of the parties to a relin-
quishment of Power ; 2 a natural jealousy of its abuse in other
hands than their own ; 3 the rule of suffrage among parties un
equal in size, but equal in sovereignty ; 4 the ratio of Contribu
tions in money and in troops, among parties, whose inequality in
size did not correspond with that of their wealth, or of their mili
tary or free population ; 5, the selection and definition of the
powers, at once necessary to the federal head, and safe to the
several members.
To these sources of difficulty, incident to the formation of all
such Confederacies, were added two others one of a temporary,
the other of a permanent nature. The first was the case of the
Crown lands, so called because they had been held by the British
Crown, and being ungranted to individuals when its authority
ceased, were considered by the States within whose charters or
" that would not be abandoned " also appears.
2 " reluctance " also appears.
1835] JAMES MADISON. 395
asserted limits they lay, as devolving on them ; whilst it was con
tended by the others, that being wrested from the dethroned
Authority, by the equal exertions of all, they resulted of right and
in equity to the benefit of all. The lands being of vast extent and
of growing value, were 1 the occasion of much discussion & heart
burning ; & proved the most obstinate of the impediments to an
earlier consummation of the plan of federal Gov*. The State of
Maryland the last that acceded to it held out as already noticed,
till the i. March 1781 and then yielded only to the hope that by
giving a stable & authoritative character to the Confederation,
a successful termination of the Contest might be accelerated.
The dispute was happily compromised by successive surrenders
of portions of the territory by the States having exclusive claims
to it, and acceptances of them by Congress.
The other source of dissatisfaction was the peculiar situation of
some of the States, which having no convenient- ports for foreign
commerce, were subject to be taxed by their neighbors, thro' whose
ports, their commerce was carried on. New Jersey placed between
Phila & N. York, was likened to a cask tapped at both ends ; And
N. Carolina, between Virga & S. Carolina to a patient bleeding at
both Arms. The Articles of Confederation provided no remedy2
for the complaint ; which produced a strong protest on the part of
N. Jersey ; and never ceased to be a source of dissatisfaction &
discord, until the new Constitution superseded the old.
But the radical infirmity of the " Art? of Confederation " was
the dependence of Cong? on the voluntary and simultaneous com
pliance with its Requisitions, by so many independent Communities,
each consulting more or less its particular interests & convenience
and distrusting the compliance of the others. Whilst the paper
emissions of Cong? continued to circulate they were employed as
a sinew of war, like gold & silver. When that ceased to be the
case, and the fatal defect of the political System was felt in its
alarming force, the war was merely kept alive and brought to a
successful conclusion by such foreign aids and temporary expedi
ents as could be applied ; a hope prevailing with many, and a wish
with all, that a state of peace, and the sources of prosperity opened
1 " was" also appears. 2 " relief " also appears.
396 THE WRITINGS OF [1835
by it, would give to the Confederacy in practice, the efficiency
which had been inferred from its theory.
The close of the war however brought no cure for the public
embarrassments. The States relieved from the pressure of foreign
danger, and flushed with the enjoyment of independent and sover
eign power ; (instead of a diminished disposition to part with it),
persevered in omissions and in measures incompatible with their
relations to the Federal Govt and with those among themselves.
Having served as a member of Cong? through the period between
Mar. 1780 & the arrival of peace in 1783, 1 had become intimately
acquainted with the public distresses and the causes of them. I
had observed the successful opposition to every attempt to procure
a remedy by new grants of power to Cong5 I had found moreover
that despair of success hung over the compromising provision of
April 1783, for the Public necessities, which had been so elabo
rately planned and so impressively recommended to the States.1
Sympathizing, under this aspect of affairs, in the alarm of the
friends of free Gov* at the threatened danger of an abortive result
to the great & perhaps last experiment in its favour, I could not
be insensible to the obligation to co-operate as far as I could in
averting the calamity. With this view I acceded to the desire of
my fellow Citizens of the County that I should be one of its rep
resentatives in the Legislature, hoping that I might there best
contribute to inculcate the critical posture to which the Revolu
tionary cause was reduced, and the merit of a leading agency of
the State in bringing about a rescue of the Union, and the bless
ings 2 of liberty staked on it, from an impending catastrophe.
It required but little time after taking my seat in the House of
Delegates in May 1784, to discover that however favorable the
general disposition of the State might be towards 3 the Confederacy
the Legislature retained the aversion of its predecessors to trans
fers of power from the State to the Gov! of the Union ; notwith
standing the urgent demands of the Federal Treasury ; the glaring
inadequacy of the authorized mode of supplying it, the rapid
1 See address of Congress. Note in MS. It may be found in Vol. I, p. 454,
n., of this edition.
2 " cause " also appears. 3 " to " also appears.
1835] JAMES MADISON. 397
growth of anarchy in the Fed1 System, and the animosity kindled
among the States l by their conflicting regulations.
The temper of the Legislature & the wayward course of its pro
ceedings may be gathered from the Journals of its Sessions in the
years 1784 & 1785.
The failure however of the varied propositions in the Legisla
ture, for enlarging the powers of Congress, the continued failure
of the efforts of Congr to obtain from them the means of providing
for the debts of the Revolution; and of countervailing the commer
cial laws of G. B., a source of much irritation & ag5.' which the
separate efforts of the States were found worse than abortive ; these
Considerations with the lights thrown on the whole subject, by the
free & full discussion it had undergone led to a general acquies
cence in the Resell1 passed on the 21. of Jany 1786, which proposed
& invited a meeting of Deputies from all the States to — insert the
Resol. (See Journal.)2
The resolution had been brought forward some weeks before
on the failure of a proposed grant of power to Congress to collect
a revenue from commerce, which had been abandoned by its
friends in consequence of material alterations made in the grant
by a Committee of the whole. The Resolution Tho introduced
by Mr. Tyler an influential member, who having never served in
Congress, had more the ear of the House than those whose services
there exposed them to an imputable bias, was so little acceptable
that it was not then persisted in. Being now revived by him, on
the last day of the Session, and being the alternative of adjourning
without any effort for the crisis in the affairs of the Union, it ob-
1 " its members " also appear.
2 " Resolved, that Edmund Randolph, James Madison, Jr., Walter Jones, St.
George Tucker, and Meriwether Smith, Esquires, be appointed Commissioners,
who, or any three of whom, shall meet such Commissioners as may be appointed
in the other States of the Union, at a time and place to be agreed on, to take
into consideration the trade of the United States ; to examine the relative situa
tions and trade of said States ; to consider how far a uniform system in their
commercial regulations may be necessary to their common interest and their
permanent harmony ; and to report to the several States such an act, relative to
this great object, as, when unanimously ratified by them, will enable the United
States in Congress effectually to provide for the same." See Madison's letter
of Jany. 22, 1786, to Jefferson.
398 THE WRITINGS OF [1835
tained a general vote ; less however with some of its friends from
a confidence in the success of the experiment than from a hope
that it might prove a step to a more comprehensive & adequate
provision for the wants of the Confederacy.
It happened also that Commissioners appointed by Virga &
Maryd to settle the jurisdiction on waters dividing the two States
had, apart from their official reports, recomended a uniformity in
the regulations of the 2 States on several subjects & particularly
on those having relation to foreign trade. It appeared at the time
that Mary? had deemed a concurrence of her neighbors, Pena &
Delaware, indispensable in such a case, who for like reasons would
require that of their neighbors. So apt and forcible an illustra
tion of the necessity of a uniformity throughout all the States
could not but favour the passage of a Resolution which proposed
a Convention having that for its object.
The comissioners appointed by the Legisl : & who attended the
Convention were E. Randolph the attorney of the state St. Geo:
Tucker & J. M. The designation of the time & place to be pro
posed for its meeting, and communicated to the states having been
left to the Comr? they named for the time early September and for
the place the City of Annapolis avoiding the residences of Cong5
and large Comercial Cities as liable to suspicions of an extraneous
influence.
Altho' the invited Meeting appeared to be generally favored,
five states only assembled ; some failing to make appointments, and
some of the individuals appointed not hastening their attendance,
the result in both cases being ascribed mainly, to a belief that the
time had not arrived for such a political reform, as might be ex
pected from a further experience of its necessity.
But in the interval between the proposal of the Convention, and
the time of its meeting such had been the advance of public
opinion in the desired direction, stimulated as it had been by the
effect of the contemplated object, of the meeting, in turning the
general attention to the Critical State of things, and in calling
forth the sentiments and exertions of the most enlightened & influ
ential patriots, that the Convention thin as it was did not scruple
to decline the limited task assigned to it and to recommend to the
States a Convention with powers adequate to the occasion. Nor
1835] JAMES MADISON. 399
was it unnoticed that the commission of the N. Jersey Deputation
had extended its object to a general provision for the exigencies of
the Union A recommendation for this enlarged purpose was ac
cordingly reported by a Corn6 to whom the subject had been
referred. It was drafted by Col : H., and finally agreed to unanim
ously in the following form. Insert it.1
1 The adoption of the address was the only thing done by the Annapolis meet
ing. The draft was submitted by Hamilton at a conference and some of the
more radical features were toned down at the insistence of Randolph. Madison
said to Hamilton : " You had better yield to this man, for otherwise all Virginia
will be against you." — Morse's Hamilton, I, 167. The address was as follows :
* * * " Deeply impressed, however, with the magnitude and importance
of the object confided to them on this occasion, your Commissioners cannot for
bear to indulge an expression of their earnest and unanimous wish, that speedy
measures may be taken to effect a general meeting of the States in a future
Convention, for the same and such other purposes, as the situation of public af
fairs may be found to require.
" If, in expressing this wish, or in intimating any other sentiment, your Com
missioners should seem to exceed the strict bounds of their appointment, they
entertain a full confidence, that a conduct dictated by an anxiety for the welfare
of the United States will not fail to receive an indulgent construction.
" In this persuasion, your Commissioners submit an opinion, that the idea of
extending the powers of their Deputies to other objects than those of commerce,
which has been adopted by the State of New Jersey, was an improvement on
the original plan, and will deserve to be incorporated into that of a future Con
vention. They are the more naturally led to this conclusion, as, in the course
of their reflections on the subject, they have been induced to think that the
power of regulating trade is of such comprehensive extent, and will enter so far
into the general system of the Federal Government, that to give it efficacy, and
to obviate questions and doubts concerning its precise nature and limits, may
require a correspondent adjustment of other parts of the Federal System.
" That there are important defects in the system of the Federal Government,
is acknowledged by the acts of all those States which have concurred in the
present meeting. That the defects, upon a closer examination, may be found
greater and more numerous than even these acts imply, is at least so far prob
able, from the embarrassments which characterize the present state of our na
tional affairs, foreign and domestic, as may reasonably be supposed to merit a
deliberate and candid discussion, in some mode which will unite the sentiments
and councils of all the States. In the choice of the mode, your Commissioners
are of opinion, that a Convention of deputies from the different States, for the
special and sole purpose of entering into this investigation, and digesting a
plan for supplying such defects as may be discovered to exist, will be entitled
400 THE WRITINGS OF [1835
The recommendation was well rec? by the Legislature of Virga,
which happened to be the first that acted on it, the example of her
compliance was made as conciliatory and impressive as possible.
The Legislature were unanimous or very nearly so on the occa
sion, and as a proof of the magnitude & solemnity attached to it,
they placed Gen! W. at the head of the Deputation from the
State; and as a proof of the deep interest he felt in the case he
overstepped the obstacles to his acceptance of the appointment.1
The law2 complying with the recommendation3 from Annapolis
was in the terms following : 4
to a preference, from considerations which will occur without being par
ticularized.
"Your Commissioners decline an enumeration of those national circumstances
on which their opinion, respecting the propriety of a future Convention with
more enlarged powers, is founded ; as it would be an useless intrusion of facts
and observations, most of which have been frequently the subject of public dis
cussion, and none of which can have escaped the penetration of those to whom
they would in this instance be addressed. They are, however, of a nature so
serious, as, in the view of your Commissioners, to render the situation of the
United States delicate and critical, calling for an exertion of the united virtue
and wisdom of all the members of the Confederacy.
" Under this impression, your Commissioners, with the most respectful def
erence, beg leave to suggest their unanimous conviction, that it may essentially
tend to advance the interests of the Union, if the States by whom they have
been respectively delegated would themselves concur, and use their endeavors
to procure the concurrence of the other States, in the appointment of Commis
sioners, to meet at Philadelphia on the second Monday in May next, to take
into consideration the situation of the United States ; to devise such further pro
visions as shall appear to them necessary to render the constitution of the Fe
deral Government adequate to the exigencies of the Union ; and to report such
an act for that purpose, to the United States in Congress assembled, as, when
agreed to by them, and afterwards confirmed by the Legislatures of every State,
will effectually provide for the same.
" Though your Commissioners could not with propriety address these obser
vations and sentiments to any but the States they have the honor to represent,
they have nevertheless concluded, from motives of respect, to transmit copies
of this Report to the United States in Congress assembled, and to the Execu
tives of the other States." ! " Trust " also appears.
2 " Bill " and " act " also appear. 3 " Bill " also appears.
4 It was written by Madison :
" Whereas, the Commissioners who assembled at Annapolis, on the fourteenth
day of September last, for the purpose of devising and reporting the means of
1835] JAMES MADISON. 401
A resort to a General Convention to remodel the Confederacy,
was not a new idea. It had entered at an early date into the con
versations and speculations of the most reflecting & foreseeing
enabling Congress to provide effectually for the commercial interests of the
United States, have represented the necessity of extending the revision of the
Federal system to all its defects ; and have recommended that deputies for
that purpose be appointed by the several Legislatures, to meet in Convention
in the City of Philadelphia, on the second Monday of May next, — a provision
which seems preferable to a discussion of the subject in Congress, where it
might be too much interrupted by the ordinary business before them, and
where it would, besides, be deprived of the valuable counsels of sundry in
dividuals who are disqualified by the constitutions or laws of particular States,
or restrained by peculiar circumstances from a seat in that Assembly :
" And whereas, the General Assembly of this Commonwealth, taking into
view the actual situation of the Confederacy, as well as reflecting on the
alarming representations made from time to time, by the United States in Con
gress, particularly in their act of the fifteenth day of February last, can no
longer doubt that the crisis is arrived at which the good people of America are
to decide the solemn question, whether they will, by wise and magnanimous
efforts, reap the just fruits of that independence which they have so gloriously
acquired, and of that union which they have cemented with so much of their
common blood ; or whether, by giving way to unmanly jealousies and preju
dices, or to partial and transitory interests, they will renounce the auspicious
blessings prepared for them by the Revolution, and furnish to its enemies
an eventual triumph over those, by whose virtue and valour, it has been
accomplished :
" And whereas, the same noble and extended policy, and the same fraternal
and affectionate sentiments, which originally determined the citizens of this
Commonwealth to unite with their brethren of the other States, in establishing
a federal government, cannot but be felt with equal force now, as motives to
lay aside every inferior consideration, and to concur in such farther concessions
and provisions, as may be necessary to secure the great objects for which that
government was instituted, and to render the United States as happy in
peace, as they have been glorious in war.
" Be it, therefore, enacted, by the General Assembly of the Commonwealth
of Virginia, That seven Commissioners be appointed by joint ballot of both
Houses of Assembly, who, or any three of them, are hereby authorized as
Deputies of this Commonwealth, to meet such Deputies as may be appointed
and authorized by other States, to assemble in Convention at Philadelphia, as
above recommended, and to join with them in devising and discussing all such
alterations and farther provisions, as may be necessary to render the Federal
Constitution adequate to the exigencies of the Union; and in reporting such an act
for that purpose, to the United States in Congress, as when agreed to by them,
VOL. II. — 26
402 THE WRITINGS OF [1835
observers of the inadequacy of the powers allowed to Congress.1
In a pamphlet published in May 81 at the seat of Cong? Pelatiah
Webster an able tho' not conspicuous Citizen, after discussing the
fiscal system of the U. States, and suggesting among other re
medial provisions including national Bank remarks that " the
Authority of Cong5, at present is very inadequate to the perform
ance of their duties ; and this indicates the necessity of their
calling a Continental Convention for the express purpose of ascer
taining, defining, enlarging and limiting, the duties & powers of
their Constitution."
On the i. day of Ap!, 1783, Col: Hamilton, in a debate in Cong*
observed that 2
He alluded probably to (see life of Schuyler in Longacre 3 — )
It does not appear however that his expectation had been
fulfilled.
In a letter to J. M. from R. H. Lee then President of Cong?
dated Novr 26, 1784 He says : 4
The answer of J. M. remarks a
and duly confirmed by the several States, will effectually provide for the same.
" And be it further enacted, That in case of the death of any of the said
deputies, or of their declining their appointments, the Executive are hereby
authorized to supply such vacancies; and the Governor is requested to transmit
forthwith a copy of this act to the United States in Congress, and to the Exec
utives of each of the States in the Union."
1 See Alexander Hamilton to James Duane, Sept. 3, 1780. Works of Hamil
ton (Lodge), i., 203.
2 — he wished to see a general convention with the object of strengthening
the federal constitution instead of several conventions of representatives of the
several sections of the country. Vol. i., 439, of this edition.
3 The reference is incorrect, and should be to the sketch of Hamilton in
Longacre, Vol. ii. : " The same legislature [of 1782] that appointed him
[Hamilton] unanimously passed resolutions, introduced into the senate by
General Schuyler, declaring that the confederation was defective in not giving
congress power to provide revenue for itself, or in not investing them with
funds from established and productive sources ; and that it would be advisable
to revise and amend the confederation."
4 — that a general convention to revise the articles of confederation is being
talked about in congress.
5 — that he favors the project, but doubts if it is favored in Virginia. See
his letter to Lee, December 24, 1784, ante.
1835] JAMES MADISON. 403
In 1785, Noah Webster whose pol & other valuable writings
had made him known to the Public, in one of his publications,
of American policy brought into view the same resort for supply
ing the defects Fed1 System (see his life in Longacre) J
The proposed & expected Convention at Annapolis the first of
a general character that appears to have been realized, & the
state of the public mind awakened by it, had attracted the par
ticular attention of Cong5 and favored the idea there of a Con
vention with fuller powers for amending the Confederacy, to J.
M. letters of Monroe of Grayson.2
1 "Sketches of American Policy," published in the winter of 1784-85.
Longacre Vol. ii.
2 Cf. the letters of Monroe to Madison, December 26, 1785, February n and
March 19, 1786. Writings of Monroe, i., 109, 122, 123. The letter of Gray-
son is dated New York, March 22, 1786 :
********
" There has been a great contest in Jersey for the Argent papier ; but though
it went triumphantly through the lower house, it was lost in the Council, 8 to 5,
— some of the Members who were adverse to it, have been burnt in effigy, in
particular Col? Ogden at or near Elizabeth town: the old Governor was drawn
up to the Stake but pardoned, on account of his having been the first magis
trate: This same Jersey bill was one of the most iniquitous things I ever saw
in my life ; the money was a tender ; if it was refused, the debt was suspended
for 12 years, in the mean time the act of limitation ran of course, which in effect
destroyed it. — Jersey has not been singular in her attempts at cheating : in this
place a bill is depending, of the same purport as that of Jersey, & which it is
probable will pass, although it is violently opposed by the upright & respectable
part of the CommY . The Antients were surely men of more candor than We
are ; they contended openly for an abolition of debts in so many words, while
we strive as hard for the same thing under the decent & specious pretense of
a circulating medium. Montesquieu was not wrong when he said the demo-
cratical might be as tyranical as the despotic, for where is there a greater act of
despotism than that of issuing paper to depreciate for the purpose of paying
debts, on easy terms; If Lord Effingham is right that an act ag* the Constitu
tion is void, surely paper money with a tender annexed to it is void for is it not
an attack upon property, the security of which is made a fundamental in every
State in the Union : — There has been some serious thoughts in the minds of
some of the Members of Congress to recommend to the States the meeting of a
general Convention, to consider, of an alteration of the Confederation & there
is a motion to this effect now under Consideration : it is contended that the',
present Confederation is utterly inefficient, and that if it remains much longer
in its present State of imbecillity we shall be one of the most contemptible
4o4 THE WRITINGS OF [1835
It does not appear that in any of these cases, the reform system
was to be otherwise sanctioned than by the Legislative authy of
the States ; nor whether nor how far a change was to be made in
the structure of the Depository of the Federal powers.
The act of Virga providing for the Convention at Philada, was
succeeded by appointments from the other states as their Legisla
tures were assembled, the appointments being selections from the
most experienced & highest 1 standing Citizens. Rh. Is. was the
only exception to a compliance with the recommendation from
Annapolis, well known to have been swayed by an obdurate adher
ence to an advantage which her position gave her of taxing her
neighbors thro' their consumption of imported supplies, an ad
vantage which it was forseen would be taken from her by a revisal
of the " articles of Confederation."
As the pub. mind had been ripened for a salutary Reform of
the pol. System, in the interval between the proposal & the meet
ing of the Corn" at Annapolis, the interval between the last event,
and the meeting of Deps at Phila had continued to develope more
& more the necessity & the extent of a systematic provision for
the preservation and Gov* of the Union. Among the ripening
incidents was the Insurrection of Shays, in Mass*5, against her
Gov*; which was with difficulty suppressed, notwithstanding the
influence on the insurgents of an apprehended interposition of the
Fed? troops.
At the date of the Convention, the aspect & retrospect of the
pol. condition of the U. S. could not but fill the pub. mind with a
gloom which was relieved only by a hope that so select a Body
would devise an adequate remedy for the existing and prospective
evils so impressively demanding it.
It was seen that the public debt rendered so sacred by the
Nations on the face of the Earth: — for my own part I have not yet made up my
mind on the subject: I am doubtful whether it is not better to bear those ills
we have than fly to others that we know not of: I am however in no doubt
about the weakness of the foederal Government: if it was weaker notwithstand
ing, it would answer if the States had power as in the United Netherlands the
foederal Government is weak but the Individual States are strong — It is no
wonder our Government should not work well, being formed on the Dutch
model where circumstances are so materially different: — * * * . "
1 " High " also appears.
1835] JAMES MADISON. 405
cause in which it had been incurred remained without any pro
vision for its payment. The reiterated and elaborate efforts of
Cong, to procure from the States a more adequate power to raise
the means of payment had failed. The effect of the ordinary
requisitions of Congress had only displayed the inefficiency of
the authy making them; none of the States having duly complied
with them, some having failed altogether or nearly so; and in one
instance, that of N. Jersey, a compliance was expressly refused ;
nor was more yielded to the expostulations of members of Cong5
deputed to her Legislature, than a mere repeal of the law, without
a compliance (see letter of Grayson to J. M.).
The want of Authy in Cong? to regulate Commerce had pro
duced in Foreign nations particularly G. B., a monopolizing policy
injurious to the trade of the U. S., and destructive to their navi
gation; the imbecility and anticipated dissolution of the Confed
eracy extinguish81 all apprehensions of a Countervailing policy on
the part of the U. States.
The same want of a general power over Commerce led to an
exercise of the power separately, by the States, wc.h not only
proved abortive, but engendered rival, conflicting and angry regu
lations. Besides the vain attempts to supply their respective
treasuries by imposts, which turned their commerce into the
neighbouring ports, and to coerce a relaxation of the British mon
opoly of the W. Ind* navigation, which was attempted by Virginia,1
(see Journal of ) the States having ports for foreign com
merce, taxed & irritated the adjoining States, trading thro' them,
as N. Y., Pen*, Virga & S. Carolina. Some of the States, as Con
necticut, taxed imports as from Massts, higher than imports even
from G. B. of wch Mass1.5 complained to Virg* and doubtless to
other States (see letter of J. M.). In sundry instances as of N. Y.,
N. J., Pa & Maryld, (see ). The navigation laws treated the
Citizens of other States as aliens.
In certain cases the Authy of the Confederacy was disregarded,
as in violation not only of the Treaty of peace ; but of Treaties
with France & Holland, which were complained of to Cong8.
1 The allusion is to the act of the Virginia Assembly passed January 21,
1786, imposing a tonnage tax of 5.f. on vessels of foreigners, described in
Madison's letter to Monroe of January 22, 1786, ante
406 THE WRITINGS OF [1835
In other cases the Fed1 Authy was violated by Treaties &
wars with Indians, as by Geo.; by troops raised & kept up with'
the consent of Cong5, as by Mass'.5; by compacts with* the consent
of Cong*, as between Pen* and N. Jersey, and between Virga &
Mary]d. From the Legisl: Journals of Virga it appears, that a
vote refusing to apply for a sanction of Cong3 was followed by a
vote agst the communication of the Compact to Cong3.
In the internal administration of the States a violation of Con
tracts had become familiar in the form of depreciated paper made
a legal tender, of property substituted for money, of Instalment
laws, and of the occlusions of the Courts of Justice; although
evident that all such interferences affected the rights of other
States, Relatively creditor, as well as Citizens Creditors within
the State.
Among the defects which had been severely felt was that of a
uniformity in cases requiring it, as laws of naturalization and
bankruptcy, a Coercive authority operating on individuals and a
guaranty of the internal tranquillity of the States.
As a natural consequence of this distracted and disheartening
condition 1 of the union, the Fed1 Authy had ceased to be re
spected abroad, and dispositions were shewn there, particularly
in G. B., to take advantage of its imbecility, and to speculate on
its approaching downfall : At home it had lost all confidence &
credit ; the unstable and unjust career of the States had also for
feited the respect & confidence essential to order and good Govt*
involving a general decay of confidence between Man & man.
It was found moreover that those least partial to popular Gov', or
most distrustful of its efficacy were yielding to anticipations, that
from an increase of the confusion a Gov' might result more con
genial with their taste or their opinions. Whilst those most de
voted to the principles and forms of Republics, were alarmed for
the cause of liberty itself, at stake in the American Experiment,
and anxious for a system that w? avoid the inefficacy of a mere
confederacy without passing into the opposite extreme of a con
solidated gov* It was known that there were individuals who had
betrayed a bias towards Monarchy (see Knox to G. W. and him
1 "appearances" also appears.
1835] JAMES MADISON. 407
to Jay,) (Marshall's life l) and there had always been some not
unfavorable to a partition of the Union into several Con
federacies ; either from a better chance of figuring on a Sectional
Theatre, or that the Sections would require stronger Govts, or by
their hostile conflicts lead to a monarchical consolidation. The
idea of a dismemberment had recently made its appearance in
the Newspapers.
Such were the defects, the deformities, the diseases and the
1 June 27, 1786, Jay wrote to Washington : " What I most fear is, that the
better kind of people (by which I mean the people who are orderly and indus
trious, who are content with their situations, and not uneasy in their circum
stances) will be led by the insecurity of property, the loss of confidence in their
rulers, and the want of public faith and rectitude, to consider the charms of
liberty as imaginary and delusive. A state of uncertainty and fluctuation must
disgust and alarm such men, and prepare their minds for almost any change
that may promise them quiet and security." In the course of his reply Wash
ington said : " What astonishing changes a few years are capable of producing !
I am told that even respectable characters speak of a monarchical form of gov
ernment without horror. From thinking, proceeds speaking, thence to acting
is often but a single step. But how irrevocable and tremendous ! what a
triumph for our enemies to verify their predictions ! — what a triumph for the
advocates of despotism to find that we are incapable of governing ourselves, and
that systems founded on the basis of equal liberty are merely ideal and fal
lacious ! Would to God that wise measures may be taken in time to avert the
consequences we have but too much reason to apprehend." — Marshall's Wash
ington (2<? Ed.), ii., 107, 109.
From New York, October 28, 1786, Knox wrote to Washington as follows :
". . . Our political machine constituted of thirteen independent sovereign
ties, have [sic] been constantly operating against each other, and against the
federal head, ever since the peace. The powers of Congress are utterly inade
quate to preserve the balance between the respective States, and oblige them
to do those things which are essential to their own welfare, and for the general
good. The human mind in the local legislatures seems to be exerted, to pre
vent the federal constitution from having any beneficial effects. The machine
works inversely to the public good in all its parts. Not only is State against
State, and all against the federal head, but the States within themselves possess
the name only, without having the essential concomitant of government, the
power of preserving the peace, the protection of the liberties and property of
the citizens.
" On the first impression of Faction and licentiousness the fine theoretic gov
ernment of Massachusetts has given way, and its laws arrested and trampled
under foot. Men at a distance, who have admired our systems of government,
4o8 THE WRITINGS OF [1835
ominous prospects, for which the Convention were to provide a
remedy, and which ought never to be overlooked in expounding
& appreciating the Constitutional Charter, the remedy that was
provided.
As a sketch on paper, the earliest perhaps wc.h of a Constitu
tional Gov1 for the Union (organized into the regular Departments
with physical means operating on individuals) to be sanctioned
unfounded in nature, are apt to accuse the rulers, and say that taxes have been
assessed too high and collected too rigidly. This is a deception equal to any
that has hitherto been entertained. It is indeed a fact, that high taxes are the
ostensible cause of the commotions, but that they are the real cause is as far
remote from truth as light from darkness. The people who are the insurgents
have never paid any, or but very little taxes. But they see the weakness of
government ; They feel at once their own poverty, compared with the opulent,
and their own force, and they are determined to make use of the latter, in order
to remedy the former. Their creed is ' That the property of the United States
has been protected from the confiscation of Great Britain by the joint exertions
of all, and therefore ought to be the common property of all. And he that at
tempts opposition to this creed is an enemy to equity and justice, and ought to
be swept from off the face of the earth.' In a word they are determined to
annihilate all debts public and private and have agrarian Laws, which are
easily affected by the means of unfortunate paper money which shall be a ten
der in all cases whatever.
" The numbers of these people amount in Massachusetts to about one fifth
part of several populous counties, and to them may be collected, people of
similar sentiments, from the States of Rhode Island, Connecticut and New
Hampshire so as to constitute a body of 12 or 15000 desperate & unprincipled
men. They are chiefly of the young and active part of the community, more
easily collected than perhaps kept together afterwards. But they will probably
commit overt acts of treason, which will compell them to embody for their own
safety — once embodied they will be constrained to submit to discipline for the
same reason. Having proceeded to this length for which they are now ripe,
we shall have a formidable rebellion against reason, the principles of all gov
ernment, and the very name of liberty. This dreadful situation has alarmed
every man of principle and property in New England. They start as from a
dream, and ask what has been the cause of our delusion? what is to afford us
security against the violence of lawless men ? Our government must be braced,
changed, or altered to secure our lives and property. We imagined that the
mildness of our government and the virtue of the people were so correspondent,
that we were not as other nations requiring brutal force to support the laws. But
we find that we are men, actual men, possessing all the turbulent passions be
longing to that animal and that we must have government proper and adequate
1835] JAMES MADISON. 409
by the people of the States, acting in their original & sovereign
character, was contained in a letter from J. M. of Apl 8 1787 to
Govr Randolph, a copy of the latter is here inserted.
The feature in the letter which vested in the general Authy a
negative on the laws of the States, was suggested by the negative
in the head of the British Empire, which prevented collisions be
tween the parts & the whole, and between the parts themselves.
It was supposed that the substitution, of an elective and responsi
ble authority for an hereditary and irresponsible one, would avoid
the appearance even of a departure from the principle of Repub
licanism. But altho' the subject was so viewed in the Conven
tion, and the votes on it were more than once equally divided, it
was finally & justly abandoned, as apart from other objections
it was not practicable among so many states increasing in num
ber and enacting each of them so many laws. Instead of the
proposed negative, the objects of it were left as finally provided
for in the Constitution.
On the arrival of the Virginia Deputies at Philada, it occurred v
to them that from the early and prominent part taken by that
State in bringing about the Convention some initiative step might
be expected from them. The Resolutions introduced by Gov
ernor Randolph were the result of a Consultation on the subject ;
with an understanding that they left all the Deputies entirely open
for him. The people of Massachusetts for instance, are far advanced in this doc
trine, and the men of reflection, & principle, are determined to endeavor to estab
lish a government which shall have the power to protect them in their lawful
pursuits, and which will be efficient in all cases of internal commotions or for
eign invasions. They mean that liberty shall be the basis, a liberty resulting
from the equal and firm administration of the laws. They wish for a general
government of unity as they see the local legislatures, must naturally and neces
sarily tend to retard and frustrate all general government.
1 ' We have arrived at that point of time in which we are forced to see our
national humiliation, and that a progression in this line, cannot be productive
of happiness either public or private. Something is wanting and something must
be done or we shall be involved in all the horror of faction and civil war with
out a prospect of its termination. Every tried friend to the liberties of his country
is bound to reflect, and to step forward to prevent the dreadful consequences
which will result from a government of events. Unless this is done we shall be
liable to be ruled by an arbitrary and capricious armed tyranny, whose word
and will must be law. ." — Wash. MSS.
4io THE WRITINGS OF [1835
to the lights of discussion, and free to concur in any alterations
or modifications which their reflections and judgments might ap
prove. The Resolutions as the Journals shew became the basis
on which the proceedings of the Convention commenced, and to
the developments, variations and modifications of which the plan
of Gov' proposed by the Convention may be traced.
The curiosity I had felt during my researches into the History
of the most distinguished Confederacies, particularly those of
antiquity, and the deficiency I found in the means of satisfying it
more especially in what related to the process, the principles, the
reasons, & the anticipations, which prevailed in the formation of
them, determined me to preserve as far as I could an exact
account of what might pass in the Convention whilst executing its
trust, with the magnitude of which I was duly impressed, as I was
with the gratification promised to future curiosity by an authentic
exhibition of the objects, the opinions, & the reasonings from
which the new System of Gov' was to receive its peculiar structure
& organization. Nor was I unaware of the value of such a con
tribution to the fund of materials for the History of a Constitu
tion on which would be Staked the happiness of a people great
even in its infancy, and possibly 1 the cause of liberty throughout
the world.
In pursuance of the task I had assumed I chose a seat in front
of the presiding member, with the other members on my right &
left hands. In this favorable position for hearing all that passed,
I noted in terms legible & in abbreviations & marks intelligible to
myself what was read from the Chair or spoken by the members ;
and losing not a moment unnecessarily between the adjournment
& reassembling of the Convention I was enabled to write out my
daily notes during the session or within a few finishing days after
its close, in the extent and form preserved in my own hand on my
files.
In the labor and correctness of this I was not a little aided by
practice, and by a familiarity with the style and the train of ob
servation and reasoning which characterized the principal speak
ers. It happened, also, that I was not absent a single day, nor
" perhaps " also appears.
1835] JAMES MADISON. 411
more than a casual fraction of an hour in any day, so that I could
not have lost a single speech unless a very short one.
It may be proper to remark, that, with a very few exceptions) i/
the speeches were neither furnished, nor revised, nor sanctioned,
by the speakers, but written out from my notes, aided by the
freshness of my recollections. A further remark may be proper,
that views of the subject might occasionally be presented, in the
speeches and proceedings, with a latent reference to a compro
mise on some middle ground, by mutual concessions. The ex
ceptions alluded to were,— first, the sketch furnished by Mr.
Randolph of his speech on the introduction of his propositions,
on the twenty-ninth day of May ; secondly, the speech of Mr.
Hamilton, who happened to call on me when putting the last hand
to it, and who acknowledged its fidelity, without suggesting more
than a very few verbal alterations which were made ; thirdly, the
speech of Gouverneur Morris on the second day of May, which
was communicated to him on a like occasion, and who acquiesced
in it without even a verbal change. The correctness of his lan
guage and the distinctness of his enunciation were particularly
favorable to a reporter. The speeches of Doctor Franklin, ex
cepting a few brief ones, were copied from the written ones read
to the Convention by his colleague, Mr. Wilson, it being incon
venient to the Doctor to remain long on his feet.
Of the ability and intelligence of those who composed the Con- /
vention the debates and proceedings may be a test ; as the char
acter of the work which was the offspring of their deliberations
must be tested by the experience of the future, added to that of
nearly half a century which has passed.
But whatever may be the judgment pronounced on the ^
competency of the architects of the Constitution, or what
ever may be the destiny of the edifice prepared by them, I
feel it a duty to express my profound and solemn conviction, de
rived from my intimate opportunity of observing and appreciat
ing the views of the Convention, collectively and individually,
that there never I was an assembly of men, charged with a great
and arduous trust, who were more pure in their motives, or more
exclusively or anxiously devoted to the object committed to them,
than were the members of the Federal Convention of 1787, to the
4i2 THE WRITINGS OF JAMES MADISON. [1835]
object of devising and proposing a constitutional system which
should best supply the defects of that which it was to replace, and
best secure the permanent liberty and happiness of their country. /
END OF VOLUME II.
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