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^
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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-