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21	Author:	Madison James 1751-1836	Requires cookie*
	Title:	The Writings of James Madison
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	Since my letter of November 27th on the subject of what had taken place at New Orleans, a letter has been received from the Governor of Louisiana to Governor Claiborne, in which it is stated that the measure of the Intendant was without instructions from his Government, and admitted that his own judgment did not concur with that of the Intendant. You will find by the printed documents herewith transmitted that the subject engaged the early and earnest attention of the House of Representatives, and that all the information relating to it, possessed by the Executive, prior to the receipt of that letter, was reported in consequence of a call for it. The letter itself has been added to that report; but being confidentially communicated, it does not appear in print: a translation of it however is herewith inclosed. You will find also that the House has passed a resolution explicitly declaring that the stipulated rights of the United States on the Mississippi will be inviolably maintained. The disposition of many members was to give to the resolution a tone and complexion still stronger. To these proofs of the sensation which has been produced, it is to be added, that representations, expressing the peculiar sensibility of the Western Country, are on the way from every quarter of it, to the Government. There is in fact but one sentiment throughout the union with respect to the duty of maintaining our rights of navigation and boundary. The only existing difference relates to the degree of patience which ought to be exercised during the appeal to friendly modes of redress. In this state of things it is to be presumed that the Spanish Government will accelerate by every possible means, its interposition for that purpose; and the President charges you to urge the necessity of so doing with as much amicable decision as you can employ. We are not without hopes, that the Intendant will yield to the demands which have been made on him, and to the advice which he will have received from the Spanish Minister here. But it will be expected from the justice and good faith of the Spanish Government, that its precise orders to that effect will be forwarded by the quickest conveyance possible. The President wishes also, that the expedient suggested in the letter above referred to, for preventing similar occurrences and delays, may also be duly pressed on that ground. Dear Sir,—Since you left us we have no further intelligence from N. Orleans, except a letter dated Jany 20 from the vice Consular agent there, from which it appears that the letters to the Govr. & Intendant from the Spanish Minister here, had arrived abt. the 13th., and had not on the 20th., produced the desired change in the state of things. The delay however does not seem to have been viewed by the Consul as any proof, that the Intendant would not conform to the interposition. The idea continued that he had taken measures without orders from his Govt. There are letters (according to that from the Consul) for the Marquis Yrujo now on the way by land. These will probably shew whether the Intendant will yield or not. The despatch vessel which carried the Marquis's letters is not yet returned. The detention of her beyond the allotted time is favorably interpreted by him; on the presumption that she waits for a satisfactory answer, which the pride of the Intendant postpones as long as possible. If West Florida can alone be purchased, it is certainly worth attending to; but in that case, making the river Iberville the boundary as it was made in the treaty of 1762 between France and England, the article should be so worded as to give us the whole channel of that river, or at least to permit us to open it so as to render it navigable in all seasons. At present the bed is 30 feet above low water mark for 15 miles from the Mississippi to Amit river; but I have no doubt that a very small opening would be widened & deepened afterwards by the river. There is no obstruction, the whole being level and mud or sand. But supposing even a portage there, the advantage of american houses settled in a american port would soon give a preference over New Orleans to that port. The seaport may be perhaps on the main between Pearl & Pargacola rivers; but certainly on the Island called "Ship Island" as through the passage between that & the next island there are more than 20 feet water & good anchorage close to the shore which faces the main. A frigate of 36 guns was seen there by E. Jones, (the first clerk in my office who is brother of our late consul at New Orleans & lived ten years with him in W. Florida) & it is the reason of its bearing that name. Judge Bay says that there is another island, called Deer Island close to the entrance of Lake Pontchartrain which affords the same advantages. That Jones disbelieves; but the other is certain, and as it is about half way between Mobile & the Lake; as the whole navigation between these two places is locked in by the Islands & safe even for open boats & canoes; that island would become the proper seaport for both rivers Mississippi and Mobile; for you can bring but 9 feet up Mobile bay, 7 feet over the bar of Lake Pontchartrain & 15 over the bar at the mouth of the Mississippi. It results from all that, that the possession of West Florida, even without New Orleans island, is extremely inmportant, and that if it can be obtained, it ought expressly to include all the islands within twenty leagues or such distance as to include those which are marked on the map.—Enclosed to James Monroe, 1 Mar. 1803—Mad. MSS. Dear Sir You will receive with this all the communications claimed by the actual & eventual posture of our affairs in the hands of yourself & M.r Livingston. You will find also that the Spanish Govt. has pretty promptly corrected the wrong done by its Officer at N. Orleans. This event will be a heavy blow to the clamorous for war, and will be very soothing to those immediately interested in the trade of the Missisipi. The temper manifested by our Western Citizens has been throughout the best that can be conceived. The real injury from the suspension of the deposit was howr* * Italics for cypher. much lessened by the previous destruction of the intire crop of wheat in Kentucky, by the number of sea vessels built on the Ohio and by throngs of vessels from Atlantic ports to the Mississippi, some of which ascended to the Matches. The permission also to supply the market at N. O. & to ship the surplus as Spanish property to Spanish ports, was turned to good account. The trial therefore has been much alleviated. Certain it is that the hearts and hopes of the Western people are strongly fixed on the Mississippi for the future boundary. Should no improvement of existing rights be gained the disappointment will be great. Still respect for principle & character, aversion to war & taxes the hope of a speedy conjuncture more favorable, and attachment to the present order of things will be persuasive exhortations to patience. It is even a doubt with some of the best judges whether the deposit alone would not be waved for a while rather than it should be the immediate ground of war and an alliance with England. This suggested a particular passage in the official letter now sent you & M.r L. Dear Sir I received your favor of by Mr. Hughes, the bearer of the public despatches from you & Mr. L. The purchase of Louisiana in its full extent, tho' not contemplated is received with warm, & in a manner universal approbation. The uses to which it may be turned, render it a truly noble acquisition. Under prudent management it may be made to do much good as well as to prevent much evil. By lessening the military establishment otherwise requisite or countenanced, it will answer the double purpose of saving expence & favoring liberty. This is a point of view in which the Treaty will be particularly grateful to a most respectable description of our Citizens. It will be of great importance also to take the regulation & settlement of that Territory out of other hands, into those of the U.S. who will be able to manage both for the general interest & conveniency. By securing also the exclusive jurisdiction of the Mississippi to the mouth, a source of much perplexity & collision is effectually cut off. Dear Sir Finding that Mr. Purveyance is within reach of a few lines, I add them to what he is already charged with, to observe that Yrujo has written another remonstrance agst. our acquisition of Louisiana, alledging as a further objection that France by not obtaining the stipulated acknowledgmets. of the King of Etruria from the Courts of Petersburg & London had a defective title herself to the Cession. Nothing can be more absurd than these cavils on the part of Spain, unless it should be her using in support of them force agst. our taking possession. This she will scarcely attempt, if not backed by France, wch. we hope is impossible. I am writing on this subject to Livingston & Pinkney. I have already done so to Yrujo giving him to understand, that we shall not withhold any means that may be rendered necessary to secure our object. Pichon is perfectly well disposed, is offended with the Spanish Minister, & if left under the orders he now has, will cooperate zealously, with an honest view to the honor & obligations of his own Country. On our part I trust every thing that the crisis demands will be done, and that we shall speedily be in possession of the valuable object which the Treaty with France has gained for us. Baring is here, but having not yet called on me I have had no opportunity of paying him civilities or obtaining explanations from him. I wait anxiously for your next. Your last was of Aug. 15. I hope you have been favorably recd., and will bring the British Govt. more & more to understand their own interests as well as our rights. Insist on instructions to all their naval officers, to abstain from impressions & to respect our jurisdictional rights. Incidents are daily occurring which otherwise may overcome the calculating policy of the Present Executive, & provoke the public temper into an irresistible impetus on the public Councils. Mr. K. says that if he cd. have remained a little longer, the British Govt. might possibly have been brought into a contract guarding agst. this evil; but that the business is to be effected at that Court by the U. S. not so well by formal notes & official discussions as by the frankness & familiarity of explanatory & expostulatory observations in private discourse. I give you this in confidence, as a hint that may be useful. Mr. Purveyance had seized your wishes before I returned hither, & I did not know till this moment that he had not sailed. I write in great haste to secure the present mail, which is the only one that promises a conveyance by him. He will give you much public & all private information.—Mad. MSS. Sir I recd. your favor of the 21 prairial, with a pleasure which is redoubled by the consideration that I am able in acknowledging it, to inform you of the formal approbation of the late Treaty & conn. by every branch of our Govt. The event establishes, I hope forever, perfect harmony between the two Countries. It is the more likely to do so, as it is founded in a policy, coeval with their political relations, of removing as much as possible all sources of jealousy & collision. The frankness & uprightness which marked the progress of this transaction, are truly honorable to all concerned in it; and it is an agreeable circumstance, that, in the exchange of ratifications, it was closed in the same spirit of mutual confidence, Mr. Pichon inferring, doubtless with the truest reason, that an unqualified exchange, under actual circumstances, would best accord with the real views of his Government. Dear Sir I have recd I believe all your letters public and private down to that of October 22, written merely to say that all continued well. I have taken due care of the communications on the subject of your—. Everything seems to be well understood on this side the water. I cannot say more now as I write of necessity without cypher. The treaty as actually presented by Purviance is as follows:
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22	Author:	Madison James 1751-1836	Requires cookie*
	Title:	The Writings of James Madison
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	I have the Honour of informing you, that His Majesty, having been persuaded that the honourable Reparation which he had caused to be tendered for the unauthorized attack upon the American Frigate Chesapeake, would be accepted by the Government of the United States, in the same Spirit of conciliation, with which it was proposed, has instructed me, to express His Satisfaction, should such a happy Termination of that affair take Place—not only as having removed a painful cause of Difference, but as affording a fair Prospect of a complete and cordial understanding, being reestablished between the two Countries. In consequence of the Acceptance by the President, as stated in your Letter, dated the 18th Instant, of the Proposals, made by me on the Part of His Majesty, in my Letter of the same Day, for the Renewal of the Intercourse between the respective Countries, I am authorized to declare, that His Majesty's orders in Council of January and November, 1807, will have been withdrawn as respects the United States on the 10th Day of June next. Dr Sir I return your Copy of Gideon's Edition of the Federalist, with the memorandums requested in your note of the 16th. I shall take a pleasure in adding any other circumstances which you may wish to know, and I may be able to communicate. Sir I have duly recd. your letter of the 15th. inst. with the handsome copy of your edition of the "Federalist." As this replaces the Copy sent you, there is the less occasion for a return of the latter. It may be proper perhaps to observe that it is not the [only] one containing the names of the writers Correctly prefixed to their respective papers. I had a considerable time ago, at the request of particular friends, given the same advantage to their copies.
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23	Author:	Madison James 1751-1836	Requires cookie*
	Title:	The Writings of James Madison
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	My Dear Friend,—Yours of the 28 of June like the preceding one found me at this place, where my preparations for leaving Congs. will keep me much of the remainder of my time. The footing on which the Impost is placed by the Assembly is not an eligible 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 Genl. 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.
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24	Author:	Madison James 1751-1836	Requires cookie*
	Title:	The Writings of James Madison
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	Rev Sir—I am not a little affected at hearing of your misfortune, but cannot but hope the cure may be so far accomplished as to render your journey not inconvenient. Your kind Advice & friendly cautions are a favour that shall be always gratefully remembered, & I must beg leave to assure you that my happiness, which you and your brother so ardently wish for, will be greatly augmented by both your enjoyments of the like blessing. SIR,—The complexion of the intelligence received of late from Spain, with the manner of thinking which begins to prevail in Congress with regard to the claims to the navigation of the Mississippi, makes it our duty to apply to our constituents for their precise, full and ultimate sense on this point. If Spain should make a relinquishment of the navigation of that river on the part of the United States an indispensable condition of an alliance with them, and the State of Virginia should adhere to their former determination to insist on the right of navigation, their delegates ought to be so instructed, not only for their own satisfaction, but that they may the more effectually obviate arguments drawn from a supposition that the change of circumstances, which has taken place since the former instructions were given, may have changed the opinion of Virginia with regard to the object of them. If, on the other side, any such change of opinion should have happened, and it is now the sense of the State that an alliance with Spain ought to be purchased even at the price of such a cession if it can not be obtained on better terms, it is evidently necessary that we should be authorized to concur in it.—It will also be expedient for the Legislature to instruct us in the most explicit terms whether any and what extent of territory on the East side of the Mississippi and within the limits of Virginia, is in any event to be yielded to Spain as the price of an alliance with her.—Lastly, it is our earnest wish to know what steps it is the pleasure of our Constituents we should take, in case we should be instructed in no event to concede the claims of Virginia either to territory or to the navigation of the above-mentioned river, and Congress should without their concurrence agree to such concession. . . . . . . . . . . "My Dear Sir,—Since my last the Danae a French frigate has arrived from France with money for the French army and public despatches. A snow storm drove her on shore in this Bay where she was in danger of following the fate of one of the last Frigates from France. The accident as it turned out only cost her all her masts. The despatches for Congress are from Mr. Franklin, Mr. Jay, & the Marquis de la Fayette, and come down to the 14th. of Octr. They advise that the 1st. Commission issued to Mr. Oswald empowered him to treat with certain colonies &c., which being objected, another issued explicitly empowering him to Treat with commisrs from the thirteen United States. The latter, of which a copy was inclosed, and which will be transmitted to the Executives, is grounded on the Act of Parliament, but is to continue in force no longer than July 1783. It is no doubt on the whole a source of very soothing expectations, but if we view on one side the instability & insidiousness of the British Cabinet, and, on the other the complication of interest and pretensions among the Allies, prudence calls upon us to temper our expectations with much distrust. "Your favor of the 13th. instant arrived a few minutes after I sealed my last. That of the 20th. came duly to hand yesterday. The sensations excited in Mr. Jones and myself by the Repeal of the law in favor of the Impost were such as you anticipated. Previously to the receipt of your information a letter from Mr. Pendleton to me had suspended the progress of the Deputies to Rhode Island. Yours put an entire stop to the mission, until the plan or some other can be extended to the case of Virga. The letter from the Govr., of the same date with your last, gives a hope that our representations may regain her support to the impost without further steps from Congress. Your doubt as to her power of revoking her accession would, I think have been better founded, if she had not been virtually absolved by the definite rejection of Rho: Island; altho' that rejection ought perhaps have been previously authenticated to her. I beg you to be circumstantial on this subject especially as to the parties and motives which led to the repeal, and may oppose a reconsideration. After a silence of 4 weeks your favor of the 26 Ult, was particularly welcome. Your conjecture was but too well founded as to the compiler of the Proclamation. The offensive passages were adverted to by some, but the general eagerness on the occasion, increased by some unavoidable delays, rendered all attempts to draw the attention of Congress to smaller inaccuracies unacceptable. Your favor of the 21. Ult: written at Col: Pendleton's was brought to hand by the Post of last week Col: Floyd's family did not set out until the day after it was received. I accompanied them as far as Brunswick, about 60 miles from this and returned hither on friday evening. . . . Congress have recd a long and curious letter from Mr. Adams, dated in Feb. addressed to the president not to the Secretary for foreign affairs. He animadverts on the revocation of his commn for a treaty of commerce with great Britain presses the appointment of a minister to that Court with such a commn draws the picture of a fit character in which his own likeness is rediculously & palpably studied finally praising and recommending Mr Jay for the appointment provided injustice must be done an older servant. Marbois lately took occasion in our family to complain of ungenerous proceedings of the British against individuals, as well as against their enemies at large, and finally signified that he was no stranger to the letter transmitted to Congress which he roundly averred to be spurious. His information came from Boston, where the incident is said to be no secret; but whether it be the echo of letters from Philada. or has transpired from the correspondence of Mr. Adams to his private friends is uncertain. This conversation passed during my absence in new Jersey, but was related to me by Mr. Carroll. Your favour of the 9th inst. was duly brought by yesterday's Mail. My impatience is great to know the reception given to the propositions of Congress by the Assembly. I foresaw some of the topics which are employed against them, & I dread their effect from the eloquent mouths which will probably enforce them; but I do not despair. Until those who oppose the plan, can substitute some other equally consistent with public justice & honor, and more conformable to the doctrines of the Confederation, all those who love justice and aim at the public good will be advocates for the plan. The greatest danger is to be apprehended from the difficulty of making the latter class sensible of the impracticability or incompetency of any plan short of the one recommended; the arguments necessary for that purpose being drawn from a general survey of the federal system, and not from the interior polity of the States singly.
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25	Author:	Madison James 1751-1836	Requires cookie*
	Title:	The Writings of James Madison
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	Dear Sir The privilege of franking having ceased with the Convention, I have waited for this opportunity of inclosing you a copy of the proposed Constitution for the U. States. I forbear to make any observations on it; either on the side of its merits or its faults. The best Judges of both will be those who can combine with a knowledge of the collective & permanent interest of America, a freedom from the bias resulting from a participation in the work. If the plan proposed be worthy of adoption, the degree of unanimity attained in the Convention is a circumstance as fortunate, as the very respectable dissent on the part of Virginia is a subject of regret. The double object of blending a proper stability & energy in the Government with the essential characters of the republican Form, and of tracing a proper line of demarkation between the national and State authorities, was necessarily found to be as difficult as it was desirable, and to admit of an infinite diversity concerning the means among those who were unanimously agreed concerning the end. Your favor of the 2d Ulto was not recd till my arrival here on monday evening. I found contrary to my expectation that not only a very full house had been made on the first day, but that it had proceeded to the appointment of the President & other officers. Mr. Pendleton was put into the chair without opposition. Yesterday little more was done than settling some forms and Resolving that no question general or particular should be propounded till the whole plan should be considered & debated, clause by clause. This was moved by Col. Mason, and contrary to his expectations, concurred in by the other side. Today the discussions commenced in Committee of the whole. The Governor has declared the day of previous amendments passed, and thrown himself fully into the federal scale. Henry & Mason made a lame figure & appeared to take different and awkward ground. The federalists are a good deal elated by the existing prospect. I dare not however speak with certainty as to the decision. Kentucky has been extremely tainted, is supposed to be generally adverse, and every piece of address is going on privately to work on the local interests & prejudices of that & other quarters. In haste I am Dear Sir,—Your favor of came to hand by the mail of Wednesday. I did not write by several late returns for two reasons: one the improbability of your having got back to Mount Vernon; the other a bilious indisposition which confined me for several days. I am again tolerably well recovered. No question direct or indirect has yet been taken by which the state of parties could be determined, of course each is left to enjoy the hopes resulting from its own partial calculations. It is probable the majority on either side will not exceed 3, 4, 5, or 6. I indulge a belief that at this time the friends of the Constitution have the advantage in point of number. Great moderation as yet marks our proceedings. Whether it be the effect of temper, or of the equality of forces and the uncertainty of victory, will be seen by the event. We are at present on the Executive Department. Mr. H—y has not made any opposition to it, though it was looked for. He may however still mean to make one; or he may lay by for an exertion against the Judiciary. I find myself not yet restored and extremely feeble. No question has yet been taken by which the strength of parties can be determined. The calculations on different sides do not accord; each making them under the bias of their particular wishes. I think however the friends of the Constitution are most confident of superiority, and am inclined myself to think they have at this time the advantage of 3 or 4 or possibly more in point of number. The final question will probably decide the contest in a few days more. We are now on the Judiciary Department, against which the last efforts of the adversaries seem to be made. How far they will be able to make an impression, I cannot say. It is not probable that many proselytes will be made on either side. As this will be handed to you at Court you can make its contents known to Majr Moore and other friends to whom I have not time separately to write. With my regards to my mother & the family I remain yr affec. Son.—Mad. MSS. We got through the Constitution by paragraphs today. Tomorrow some proposition for closing the business will be made. On our side a ratification involving a few declaratory truths not affecting its validity will be tendered. The opposition will urge previous amendments. Their conversation today seemed to betray despair. Col. Mason in particular talked in a style which no other sentiment could have produced. He held out the idea of civil convulsions as the effects of obtruding the Government on the people. He was answered by several and concluded with declaring his determination for himself to acquiesce in the event whatever it might be. Mr. H—y endeavored to gloss what had fallen from his friend, declared his aversion to the Constitution to be such that he could not take the oath; but that he would remain in peaceable submission to the result. We calculate on a majority, but a bare one. It is possible nevertheless that some adverse circumstance may happen. I am, Dr Sr in haste Yrs entirely. —Wash. MSS. Yesterday carried us through the discussion of the constitution by paragraphs. Today will probably carry forward some proposition and debates relative to the final step to be taken. The opposing party will contend for previous amendments. On the other side a conciliatory declaration of certain fundamental principles in favor of liberty, in a form not affecting the validity and plenitude of the ratification, will be proposed. The final question is likely to be decided by a small majority. I do not know that either party despairs absolutely. The friends of the Convention seem to be in the best spirits; and I hope have the best reason to be so. At the same time it is not impossible they may miscalculate their number, and that accidents may reduce it below the requisite amount, two members on that side, who went away with a purpose of returning are still absent, it is said; and a third is so ill as to render his vote somewhat precarious. It may be questioned whether on any estimate this loss if it shd. continue may not endanger the results. On the question to-day for previous amendments, the votes stood 8o ays—88 noes. On the final question the ratification passed 89 ayes—79 noes. Subsequent amendments will attend the act; but are yet to be settled. The temper of the minority will be better known to-morrow. The proceedings have been without flaw or pretext of it; and there is no doubt that acquiescence if not cordiality will be manifested by the unsuccessful party. Two of the leaders however betray the effect of the disappointment, so far as it is marked in their countenances. Being informed that reports prevail not only that I am opposed to any amendments whatever to the new federal Constitution, but that I have ceased to be a friend to the rights of Conscience; and inferring from a conversation with my brother William, that you are disposed to contradict such reports as far as your knowledge of my sentiments may justify, I am led to trouble you with this communication of them. As a private Citizen it could not be my wish that erroneous opinions should be entertained, with respect to either of those points, particularly with respect to religious liberty. But having been induced, to offer my services to this district as its representative in the federal Legislature, considerations of a public nature make it proper that, with respect to both, my principles and views should be rightly understood. . . . . . . . . . . . . . . . . . . . . . . . . Our business here goes on very slowly, though in a spirit of moderation and accommodation which is so far flattering. The bill for regulating the quantum of duties is not yet come back from the Senate. Some alterations will be made, but none that affect the substance of the plan, unless it be the abolition of a small favor to the Nations in Alliance with us copied from the laws of Virginia. One of our Senators1 1 Lee. whose ideas on another point excite animadversions among his constituents seems not to consult their sentiments on this. I think myself that it is impolitic, in every view that can be taken of the subject, to put G. Britain at once on the footing of a, most favored nation. The bill for collecting the duties is now before the H. of Reps, and I fear will not be very quickly despatched. It has passed thro' several hands legal as well as mercantile, and, notwithstanding is in a crude state. It might certainly have been put into a better; though in every step the difficulties arising from novelty are severely experienced, and are an ample as well as just source of apology. Scarcely a day passes without some striking evidence of the delays and perplexities springing merely from the want of precedents. Time will be a full remedy for this evil; and will I am persuaded, evince a greater facility in legislating uniformly for all the States than has been supposed by some of the best friends of the Union. . . . . The papers now covered contain a sketch of a very interesting discussion which consumed great part of the past week. The Constitution has omitted to declare expressly by what authority removals from office are to be made. Out of this silence four constructive doctrines have arisen, 1. that the power of removal may be disposed of by the Legislative discretion. To this it is objected that the Legislature might then confer it on themselves, or even on the House of Reps, which could not possibly have been intended by the Constitution. 2. that the power of removal can only be exercised in the mode of impeachment. To this the objection is that it would make officers of every description hold their places during good behavior, which could have still less been intended. 3. that the power of removal is incident to the power of appointment. To this the objections are that it would require the constant Session of the Senate, that it extends the mixture of Legislative & Executive power, that it destroys the responsibility of the President by enabling a subordinate Executive officer to intrench himself behind a party in the Senate, and destroys the utility of the Senate in their Legislative and Judicial characters, by involving them too much in the heats and cabals inseparable from questions of a personal nature; in fine, that it transfers the trust in fact from the President who being at all times impeachable as well as every 4th year eligible by the people at large, may be deemed the most responsible member of the Government, to the Senate who from the nature of that institution, is and was meant after the Judiciary & in some respects without that exception to be the most irresponsible branch of the Government. 4. that the Executive power being in general terms vested in the President, all power of an Executive nature, not particularly taken away must belong to that department, that the power of appointment only being expressly taken away, the power of Removal, so far as it is of an Executive nature must be reserved. In support of this construction it is urged that exceptions to general positions are to be taken strictly, and that the axiom relating to the separation of the Legislative & Executive functions ought to be favored. To this are objected the principle on which the 3d construction is founded, & the danger of creating too much influence in the Executive Magistrate. I lost no time in handing to the President the address inclosed in your favor of the 22 of May, and have postponed an acknowledgement of the latter in expectation of being able at the same time to cover the President's answer. This has been and continues to be delayed by a very serious indisposition, we hope he is not in much danger, but are by no means without our fears also. His disorders commenced in a fever which has greatly reduced him, and is terminating in a very large tumor which, unless it degenerate itself into a dangerous malady, will probably be remedial. I am particularly obliged by your favor of the 3d, which incloses your remarks on the Judiciary bill. It came to hand yesterday only, and I have not had time to compare your suggestions with the plan of the Senate: nor do I know the alterations which may have taken place in it since it has been under discussion. In many points, even supposing the outline a good one, which I have always viewed as controvertible, defects and inaccuracies were striking. Your ideas on the proposed discrimination between foreign Nations coincide I perceive exactly with those which have governed me. The Senate did not allow that no effort should be made for vindicating our commercial interests, but argued that a more effectual mode should be substituted. A Come. was appd. in that branch to report such a mode. The report made is founded on something like a retort of her restrictions in the W. Inda. channels. It is now said that as the measure would involve an imposition of extraordinary duties, the Senate cannot proceed in it. Mr. Gerry alluding to these circumstances moved two days ago for a bill giving further encouragement to trade & navigation, and obtained a Committee for the purpose. What will be the result is uncertain. If the attempt added to what has passed should as it probably will, be made known abroad, it may lead to apprehensions that may be salutary. "I am just favd. with yours of the 30th inst: and am glad to find your sentiments so decided as to the power of removal by the Presidt. Every letter to me and as far as I know to others here from Virga. ratifies the propriety of the decision of Congress. Our last discussions of moment have turned on the compensations. The bill as gone to the Senate allows six dollars a day to the members of both houses. My own idea was that it should have been less for the Reps. & more for the Senate. With equal emoluments the ablest men will prefer the H. of Reps. and the Senate will degenerate into an unfitness for the great dignity of its institution. The rate allowed is unpopular in this quarter of the Union. But the truth is that 6 dollars [is more necessary] for the distant states particularly S. C. & Georgia than it would be to N. Jersey, Connecticut, &c, and a defective allowance would put the states at a distance under disadvantages of a very serious nature. Add to this that a less sum than 6 dollars for the Senate (whose case was involved in that of the H. of Reps. after the vote agst. a discrimination) could not well be thought of. On these grounds the measure must rest for its vindication. I am afraid it will be disrelished in your part of Virga. & cannot say I am satisfied with it myself. With men of liberal turns and who know the former allowance made to Congress by the States and who moreover take into view the situation & voting of the different states, an apologetic reasoning on the subject will not be sufficient, with those of another cast, the case will be different . . ."—Va. Hist. Soc. MSS. For a week past the subject of amendts. has exclusively occupied the H. of Reps. Its progress has been exceedingly wearisome not only on account of the diversity of opinions that was to be apprehended, but of the apparent views of some to defeat by delaying a plan short of their wishes, but likely to satisfy a great part of their companions in opposition throughout the Union. It has been absolutely necessary in order to effect anything, to abbreviate debate, and exclude every proposition of a doubtful & unimportant nature. Had it been my wish to have comprehended every amendt. recom̃ended by Virga., I should have acted from prudence the very part to which I have been led by choice. Two or three contentious additions would even now prostrate the whole project. The week past has been devoted to the subject of amendments: all that remains is a formal vote on a fair transcript which will be taken this morning; and without debate I hope, as each of the propositions has been agreed to by two thirds of the House. The substance of the report of the Committee of eleven has not been much varied. It became an unavoidable sacrifice to a few who knew their concurrence to be necessary, to the dispatch if not the success of the business, to give up the form by which the amendts. when ratified would have fallen into the body of the Constitution, in favor of the project of adding them by way of appendix to it. It is already apparent I think that some ambiguities will be produced by this change, as the question will often arise and sometimes be not easily solved, how far the original text is or is not necessarily superceded, by the supplemental act. A middle way will be taken between the two modes, of proposing all the amendts. as a single act to be adopted or rejected in the gross, and of proposing them as independent amendts. each of which shall take place or not, as it may be individually decided on. The several propositions will be classed according to their affinity to each other, which will reduce them to the number of 5 or 6 in the whole, to go forth as so many amendts. unconnected with one another. I was favd. on Saturday with yours of the 2d instant. The Judiciary is now under consideration. I view it as you do, as defective both in its general structure, and many of its particular regulations. The attachment of the Eastern members, the difficulty of substituting another plan, with the consent of those who agree in disliking the bill, the defect of time &c, will however prevent any radical alterations. The most I hope is that some offensive violations of Southern jurisprudence may be corrected, and that the system may speedily undergo a reconsideration under the auspices of the Judges who alone will be able perhaps to set it to rights. The pressure of unfinished business has suspended the adjournment of Congs. till Saturday next. Among the articles which required it was the plan of amendments, on which the two Houses so far disagreed as to require conferences. It will be impossible I find to prevail on the Senate to concur in the limitation on the value of appeals to the Supreme Court, which they say is unnecessary, and might be embarrassing in questions of national or Constitutional importance in their principle, tho' of small pecuniary amount. They are equally inflexible in opposing a definition of the locality of Juries. The vicinage they contend is either too vague or too strict a term, too vague if depending on limits to be fixed by the pleasure of the law, too strict if limited to the County. It was proposed to insert after the word Juries, "with the accustomed requisites," leaving the definition to be construed according to the judgment of professional men. Even this could not be obtained. The truth is that in most of the States the practice is different, and hence the irreconcileable difference of ideas on the subject. In some States, jurors are drawn from, the whole body of the community indiscriminately; in others, from large districts comprehending a number of Counties; and in a few only from a single County. The Senate suppose also that the provision for vicinage in the Judiciary bill, will sufficiently quiet the fears which called for an amendment on this point. On a few other points in the plan the Senate refuse to join the House of Reps. Your favor of Jany. 9, inclosing one of Sept. last did not get to hand till a few days ago.* * See the letter in Ford's Writings of Jefferson, v., 115. The idea which the latter evolves is a great one; and suggests many interesting reflections to Legislators; particularly when contracting and providing for public debts. Whether it can be received in the extent to which your reasonings carry it, is a question which I ought to turn more in my thoughts than I have yet been able to do, before I should be justified in making up a full opinion on it. My first thoughts lead me to view the doctrine as not in all respects compatible with the course of human affairs. I will endeavour to sketch the grounds of my skepticism. "As the Earth belongs to the living, not to the dead, a living generation can bind itself only; in every Society the will of the majority binds the whole; according to the laws of mortality, a majority of those ripe for the exercise of their will do not live beyond the term of 19 years; to this term then is limited the validity of every act of the Society, nor can any act be continued beyond this term without an express declaration of the public will." This I understand to be the outline of the argument. I have not yet recd. a single line from Orange since I left it. The letter from my brother when at Alexa. is the only written information that I have had the pleasure of, a few lines from. Mr. Hite excepted. These gave an account of my sisters marriage, and added that about that period my mother was better. I am anxious to hear more on that subject, and indulge my hopes that her health will yet be reestablished.
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26	Author:	Bruce Philip Alexander 1856-1933	Requires cookie*
	Title:	History of the University of Virginia, 1819-1919
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
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27	Author:	Woodson Carter Godwin 1875-1950	Requires cookie*
	Title:	A Century of Negro Migration
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	THE migration of the blacks from the Southern States to those offering them better opportunities is nothing new. The objective here, therefore, will be not merely to present the causes and results of the recent movement of the Negroes to the North but to connect this event with the periodical movements of the blacks to that section, from about the year 1815 to the present day. That this movement should date from that period indicates that the policy of the commonwealths towards the Negro must have then begun decidedly to differ so as to make one section of the country more congenial to the despised blacks than the other. As a matter of fact, to justify this conclusion, we need but give passing mention here to developments too well known to be discussed in detail. Slavery in the original thirteen States was the normal condition of the Negroes. When, however, James Otis, Patrick Henry and Thomas Jefferson began to discuss the natural rights of the colonists, then said to be oppressed by Great Britain, some of the patriots of the Revolution carried their reasoning to its logical conclusion, contending that the Negro slaves should be freed on the same grounds, as their rights were also founded in the laws of nature.1 1 Locke, Anti-Slavery, pp. 19, 20, 23; Works of John Wool-, man, pp. 58, 73; and Moore, Notes on Slavery in Massachusetts, p. 71. And so it was soon done in most Northern commonwealths.
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28	Author:	Cable George Washington 1844-1925	Requires cookie*
	Title:	The Negro Question
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
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29	Author:	unknown	Requires cookie*
	Title:	The Book of American Negro Poetry
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
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30	Author:	Li Po 701-762	Requires cookie*
	Title:	The Works of Li Po, the Chinese Poet
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
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31	Author:	Gandhi Mahatma 1869-1948	Requires cookie*
	Title:	Swaraj in One Year
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	[In moving the resolution on non-co-operation at the special sessions of the Indian National Congress held at Calcutta in September, 1920, Mr. Gandhi spoke as follows:—]
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32	Author:	Trollope Frances Milton 1780-1863	Requires cookie*
	Title:	Domestic Manners of the Americans
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	On the 4th of November, 1827, I sailed from London, accompanied by my son and two daughters; and after a favourable, though somewhat tedious voyage, arrived on Christmas—day at the mouth of the Mississippi. By far the shortest route to Washington, both as to distance and time, is by land; but I much wished to see the celebrated Chesapeake bay, and it was therefore decided that we should take our passage in the steam-boat. It is indeed a beautiful little voyage, and well worth the time it costs; but as to the beauty of the bay, it must, I think, be felt only by sailors. It is, I doubt not, a fine shelter for ships, from the storms of the Atlantic, but its very vastness prevents its striking the eye as beautiful: it is, in fact, only a fine sea view. But the entrance from it into the Potomac river is very noble, and is one of the points at which one feels conscious of the gigantic proportions of the country, without having recourse to a graduated pencil-case. "Those indebted to me for taxes, fees, notes, and accounts, are specially requested to call and pay the same on or before the 1st day of December, 1828, as no longer indulgence will be given. I have called time and again, by advertisement and otherwise, to little effect; but now the time has come when my situation requires immediate payment from all indebted to me. It is impossible for me to pay off the amount of the duplicates of taxes and my other debts without recovering the same of those from whom it is due. I am at a loss to know the reason why those charged with taxes neglect to pay; from the negligence of many it would seem that they think the money is mine, or that I have funds to discharge the taxes due to the State, and that I can wait with them until it suits their convenience to pay. The money is not mine; neither have I the funds to settle amount of the duplicate. My only resort is to collect; in doing so I should be sorry to have to resort to the authority given me by law for the recovery of the same. It should be the first object of every good citizen to pay his taxes, for it is in that way government is supported. Why are taxes assessed unless they are collected? Depend upon it, I shall proceed to collect agreeably to law, so govern yourselves accordingly.
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33	Author:	Chesnut Mary Boykin Miller 1823-1886	Requires cookie*
	Title:	A Diary from Dixie
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	CHARLESTON, S. C., November 8, 1860.—Yesterday on the train, just before we reached Fernandina, a woman called out: "That settles the hash." Tanny touched me on the shoulder and said: "Lincoln's elected." "How do you know?" "The man over there has a telegram." My Dear Mary: I wrote you a short letter from Richmond last Wednesday, and came here next day. Found the camp all busy and preparing for a vigorous defense. We have here at this camp seven regiments, and in the same command, at posts in the neighborhood, six others—say, ten thousand good men. The General and the men feel confident that they can whip twice that number of the enemy, at least. For the last three days I have been a witness of the most stirring events of modern times. On my arrival here, I found the government so absorbed in the great battle pending, that I found it useless to talk of the special business that brought me to this place. As soon as it is over, which will probably be to-morrow, I think that I can easily accomplish all that I was sent for. I have no doubt that we can procure another general and more forces, etc.
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34	Author:	Robinson Morgan Poitiaux 1876-1943	Requires cookie*
	Title:	The Burning of the Rotunda
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	Now that the Whirl-i-gig of Time has once more brought 'round to us the Month of May, and, with its closing days, the Centennial Celebration of the University, it has seemed not inappropriate that we should have an illustrated re-print of The Burning of the Rotunda; which, in the October, 1905, issue of the University of Virginia Magazine, described the event as "that fortunate catastrophe which, by reason of the renewed energy and vigor which it has instilled into our alumni and all lovers of higher education in this state, may with some justice be characterized as the second epoch in the history of the University,—the founding being reckoned as the first and the Installation of Dr. Alderman as the third."
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35	Author:	Phillips Ulrich Bonnell 1877-1934	Requires cookie*
	Title:	American Negro Slavery
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	THE Portuguese began exploring the west coast of Africa shortly before Christopher Columbus was born; and no sooner did they encounter negroes than they began to seize and carry them in captivity to Lisbon. The court chronicler Azurara set himself in 1452, at the command of Prince Henry, to record the valiant exploits of the negro-catchers. Reflecting the spirit of the time, he praised them as crusaders bringing savage heathen for conversion to civilization and Christianity. He gently lamented the massacre and sufferings involved, but thought them infinitely outweighed by the salvation of souls. This cheerful spirit of solace was destined long to prevail among white peoples when contemplating the hardships of the colored races. But Azurara was more than a moralizing annalist. He acutely observed of the first cargo of captives brought from southward of the Sahara, less than a decade before his writing, that after coming to Portugal "they never more tried to fly, but rather in time forgot all about their own country," that "they were very loyal and obedient servants, without malice"; and that "after they began to use clothing they were for the most part very fond of display, so that they took great delight in robes of showy colors, and such was their love of finery that they picked up the rags that fell from the coats of other people of the country and sewed them on their own garments, taking great pleasure in these, as though it were matter of some greater perfection."1 1 Gomez Eannes de Azurara, Chronicle of the Discovery and Conquest of Guinea, translated by C. R. Beazley and E. P. Prestage, in the Hakluyt Society Publications, XCV, 85. These few broad strokes would portray with equally happy precision a myriad other black servants born centuries after the writer's death and dwelling in a continent of whose existence he never dreamed, Azurara wrote further that while some of the captives were not able to endure the change and died happily as Christians, the others, dispersed among Portuguese households, so ingratiated themselves that many were set free and some were married to men and women of the land and acquired comfortable estates. This may have been an earnest of future conditions in Brazil and the Spanish Indies; but in the British settlements it fell out far otherwise.
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36	Author:	Thomas Isaiah 1749-1831	Requires cookie*
	Title:	The History of Printing in America, with a Biography of Printers, and an Account of Newspapers ...
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	"At a Council held at the Council Chamber in Boston, Tuesday Dec. 10th, 1771. The art of printing was first introduced into Spanish America, as early as the middle of the sixteenth century. The historians, whose works I have consulted, are all silent as to the time when it was first practiced on the American continent; and the knowledge we have of the Spanish territories, especially of Mexico and Peru, is so circumscribed, that we cannot fix on any precise date as the period of its commencement; but it is certain that printing was executed, both in Mexico and Peru, long before it made its appearance in the British North American colonies. I do not mean to assert, however, that it is impossible to ascertain the place where, and the exact date when, the first printing was performed in the extensive provinces belonging to Spain in America; but as respects myself, I have found that insurmountable difficulties have attended the inquiry.1 1 When Mr. Thomas wrote his History of Printing in America, little was known of its introduction in Spanish America. All the works he had consulted on the subject were silent as to the time. Historians of the art were ignorant on this point, for the reason that if there existed in Europe any specimens of very early printing in America, the investigator did not know under what name to search for them. A writer sixty years ago is excusable for the lack of correct information, since Mr. Humphreys, one of the highest authorities and most recent authors on the history of printing, says that the art "was introduced in America by Mendoza in 1566, his printer being Antonio Espinoza." (Hist. Art of Printing. Lond., 1868, p. 206). Rather than attempt to alter Mr. Thomas's remarks, we have preferred to give in the appendix a new article on the history of printing in Spanish America, which has been furnished us by Hon. John R. Bartlett, of Providence, R. I. See Appendix A.—H. "The bible is now about half done; and constant progresse therin is made; the other halfe is like to bee finished in a yeare; the future charge is vncertain; wee have heer with sent twenty coppies of the New Testament [in Indian] to bee disposed of as youer honors shall see meet. The trust youer honors hath seen meet to repose in vs for the manageing of this worke we shall endeauor in all faithfulness to discharge. Wee craue leave att present for the preuenting of an objection that may arise concerning the particulars charged for the printing wherin you will find 2 sheets att three pounds ten shillings a sheet, and the rest butt att 50 shillings a sheet, the reason wherof lyes heer: It pleased the honored corporation to send ouer one Marmeduke Johnson a printer to attend the worke on condition as they will enforme you; whoe hath caryed heer very vnworthyly of which hee hath bine openly Convicted and sencured in some of our Courts although as yett noe execution of sentence against him: peculiare fauor haueing bine showed him with respect to the corporation that sent him ouer; but notwithstanding all patience and lenitie vsed towards him hee hath proued uery idle and nought and absented himselfe from the worke more than halfe a yeare att one time; for want of whose assistance the printer [Green] by his agreement with vs was to haue the allowance of 21 lb. the which is to bee defallcated out of his sallery in England by the honored Corporation there." "By his Excellency.—I order Benjamin Harris to print the Acts and Laws made by the Great and General Court, or Assembly of Their Majesties Province of Massachusetts Bay in New England, that so the people may be informed thereof. "Whereas one Samuel Keimer, who lately came into this Province of Pennsylvania, hath Printed and Published divers Papers, particularly one Entituled A Parable, &c., in some Parts of which he assumes to use such a Stile and Language, as that perhaps he may be Deemed, where he is not known, to be one of the People called Quakers. This may therefore Certifie, That the said Samuel Keimer is not one of the said People, nor Countenanced by them in the aforesaid Practices. Signed by Order of the Monthly Meeting of the said People called Quakers, held at Philadelphia, the 29th Day of the Ninth Month, 1723. "Whereas there hath been lately Published and Spread abroad in this Province and elsewhere, a lying Pamphlet, called an Almanack, set out and Printed by Samuel Keimer, to reproach, ridicule, and rob an honest Man of his Reputation, and strengthening his Adversaries, and not only so, but he hath Notoriously Branded the Gospel Minister of the Church of England with ignominious Names, for Maintaining a Gospel Truth, and reproacheth all the Professors of Christ and Christianity, as may be seen in his Almanack in the Month of December; now all judicious Readers may fairly see what this Man's Religion Consisteth in, only in his Beard and his sham keeping of the Seventh Day Sabbath, following Christ only for Loaves and Fishes. This may give Notice to the Author of this Mischief, that if he do not readily Condemn what he hath done, and Satisfy the Abused, he may expect to be Prosecuted as the Law shall direct.
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37	Author:	Siebert Wilbur Henry 1866-1961	Requires cookie*
	Title:	The Underground Railroad from Slavery to Freedom
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	Historians who deal with the rise and culmination of the anti-slavery movement in the United States have comparatively little to say of one phase of it that cannot be neglected if the movement is to be fully understood. This is the so-called Underground Railroad, which, during, fifty years or more, was secretly engaged in helping fugitive slaves to reach places of security in the free states and in Canada. Henry Wilson speaks of the romantic interest attaching to the subject, and illustrates the coöperative efforts made by abolitionists in behalf of colored refugees in two short chapters of the second volume of his Rise and Fall of the Slave Power in America.1 1 Chapters VI and VII, pp. 61–86. B Von Hoist makes several references to the work of the Road in his well-known History of the United States, and predicts that "The time will yet come, even in the South, when due recognition will be given to the touching unselfishness, simple magnanimity and glowing love of freedom of these law-breakers on principle, who were for the most part people without name, money, or higher education."2 2 Vol. III, p. 552, foot-note. Rhodes in his great work, the History of the United States from the Compromise of 1850, mentions the system, but considers it only as a manifestation of popular sentiment.1 1 History of the United States, Vol. II, pp. 74–77, 361, 362. Other writers give less space to an account of this enterprise, although it was one that extended throughout many Northern states, and in itself supplied the reason for the enactment of the Fugitive Slave Law of 1850, one of the most remarkable measures issuing from Congress during the whole anti-slavery struggle. Dear Sir,—I received yours of the 26th ult. and was very glad to hear from it that Stephen Quixot had such good luck in getting his family from Virginia, but we began to be very uneasy about them as we did not hear from them again until last Saturday, . . . we then heard they were on the route leading through Summerfield, but that the route from there to Somerton was so closely watched both day and night for some time past on account of the human cattle that have lately escaped from Virginia, that they could not proceed farther on that route. So we made an arrangement with the Summerfield friends to meet them on Sunday evening about ten miles west of this and bring them on to this route . . . the abolitionists of the west part of this county have had very difficult work in getting them all off without being caught, as the whole of that part of the country has been filled with Southern blood hounds upon their track, and some of the abolitionists' houses have been watched day and night for several days in succession. This evening a company of eight Virginia hounds passed through this place north on the hunt of some of their two-legged chattels. . . . Since writing the above I have understood that something near twenty Virginians including the eight above mentioned have just passed through town on their way to the Somerton neighborhood, but I do not think they will get much information about their lost chattels there. . . . Business is aranged for Saturday night be on the lookout and if practicable let a cariage come & meet the carawan Dear Sir:—By to-morrow evening's mail, you will receive two volumes of the "Irrepressible Conflict" bound in black. After perusal, please forward, and oblige, Dear Grinnell:—Uncle Tom says if the roads are not too bad you can look for those fleeces of wool by to-morrow. Send them on to test the market and price, no back charges. Dear Sir:—I understand you are a friend to the poor and are willing to obey the heavenly mandate, "Hide the outcasts, betray not him that wandereth." Believing this, and at the request of Stephen Fairfax (who has been permitted in divine providence to enjoy for a few days the kind of liberty which Ohio gives to the man of colour), I would be glad if you could find out and let me know by letter what are the prospects if any and the probable time when, the balance of the family will make the same effort to obtain their inalienable right to life, liberty, and the pursuit of happiness. Their friends who have gone north are very anxious to have them follow, as they think it much better to work for eight or ten dollars per month than to work for nothing. Dear Friend,—The contributions of the churches in behalf of the fugitive slaves I think have about all come in. I herewith inclose you a schedule thereof, amounting in all to about $800, being but little more than half as much as they contributed in 1851. . . . I have got some nice books (old ones) coming across the water. But, alas me! such is the state of the poor fugitive slaves, that I must attend to living men, and not to dead books, and all this winter my time has been occupied with these poor souls. The Vigilance Committee appointed me spiritual counsellor of all fugitive slaves in Massachusetts while in peril. . . . The Fugitive Slave Law has cost me some months of time already. I have refused about sixty invitations to lecture and delayed the printing of my book—for that! Truly the land of the pilgrims is in great disgrace! "There was committed to the jail in Warren County, Kentucky, as runaway slave, on the 29th September, 1862, a negro man calling himself Jo Miner. He says he is free, but has nothing to show to establish the fact. He is about thirty-five years of age, very dark copper color, about five feet eight inches high, and will weigh one hundred and fifty pounds. The owner can come forward, prove property, and pay charges, or he will be dealt with as the law requires. Dear Sir at the suggestion of friend Judge Conway I address you these few hastily written lines. I see I am expected to give you some information as to the present condition of the U.G.R.R. in Kansas or more particularly at the Lawrence depot. In order that you may fully understand the present condition of affairs I shall ask your permission to relate a small bit of the early history of this, the only paying, R. R. in Kansas.
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38	Author:	Albemarle County Historical Society (Va.) War History Committee	Requires cookie*
	Title:	Pursuits of War
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
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39	Author:	Fenollosa Ernest Francisco 1853-1908	Requires cookie*
	Title:	"Noh", or, Accomplishment
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	Our ancestor was called Umegu Hiogu no Kami Tomotoki. He was the descendant in the ninth generation of Tachibana no Moroye Sadaijin, and lived in Umedzu Yamashiro, hence his family name. After that he lived in Oshima, in the province of Tamba, and died in the fourth year of Ninwa Moroye's descendant, the twenty-second after Tomotoki, was called Hiogu no Kami Tomosato. He was a samurai in Tamba, as his fathers before him. The twenty-eighth descendant was Hiogu no Kami Kagehisa. His mother dreamed that a Noh mask was given from heaven; she conceived, and Kagehisa was born. From his childhood Kagehisa liked music and dancing, and he was by nature very excellent in both of these arts. The Emperor Gotsuchi Mikado heard his name, and in January in the 13th year of Bunmei he called him to his palace and made him perform the play Ashikari. Kagehisa was then sixteen years old. The Emperor admired him greatly and gave him the decoration (Monsuki) and a curtain which was purple above and white below, and he gave him the honorific ideograph "waka" and thus made him change his name to Umewaka. By the Emperor's order, Ushoben Fugiwara no Shunmei sent the news of this and the gifts to Kagehisa. The letter of the Emperor, given at that time, is still in our house. The curtain was, unfortunately, burned in the great fire of Yedo on the 4th of March in the third year of Bunka. Kagehisa died in the second year of Kioroku and after him the family of Umewaka became professional actors of Noh. Hironaga, the thirtieth descendant of Umewaka Taiyu Rokuro, served Ota Nobunaga.1 1Nobunaga died in 1582. And he was given a territory of 700 koku in Tamba. And he died in Nobunaga's battle, Akechi. His son, Taiyu Rokuro Ujimori, was called to the palace of Tokugawa Iyeyasu in the fourth year of Keicho, and given a territory of 100 koku near his home in Tamba. He died in the third year of Kambun. After that the family of Umewaka served the Tokugawa shoguns with Noh for generation after generation down to the revolution of Meiji (1868). These are the outlines of the genealogy of my house.
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40	Author:	Madison James 1751-1836	Requires cookie*
	Title:	The Writings of James Madison
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	Your recommendation of Doc.r M (illegible) was handed me some time ago. I need not tell you that I shall always rely on your vouchers for merit, or that I shall equally be pleased with opportunities of forwarding your wishes. I have rec.d the few lines you dropped me from Baltimore, and daily expect those promised from Fredg. I am made somewhat anxious on the latter point, by the indisposition under which you were travelling. Your favor of the 10th came to hand yesterday. I feel much anxiety for the situation in which you found Mrs. Randolph; but it is somewhat alleviated by the hopes which you seem to indulge. You will see by the papers herewith covered that the proposed assumption of the State debts continues to employ the deliberations of the House of Reps. The question seems now to be near its decision, and unfortunately, tho' so momentous a one, is likely to turn on a very small majority, possibly on a single vote. The measure is not only liable to many objections of a general cast, but in its present form is particularly unfriendly to the interests of Virginia. In this light it is viewed by all her representatives except Col: Bland. Your favor of the 4th ult. by Col. Lee was received from his hands on Sunday last. I have since recd. that of the 3d Instant. The antecedent one from Alexandria, though long on the way, was recd. some time before. In all these, I discover strong marks of the dissatisfaction with which you behold our public prospects. Though in several respects they do not comport with my wishes, yet I cannot feel all the despondency which you seem to give way to. I do not mean that I entertain much hope of the Potomac; that seems pretty much out of sight; but that other measures in view, however improper, will be less fatal than you imagine.2 2 Lee wrote April 3, 1790, from Berry Hill that all of Patrick Henry's dark predictions were coming, true—that he dreaded a dissolution of the union, but had rather submit to it than to "the rule of a fixed insolent northern majority." Change of the seat of government to the territorial centre, direct taxation, and the abolition of "gambling systems of finance" might effect a change of sentiment.—Mad. MSS. An answer to your favor of the 5th. has been delayed by my hourly expectation of hearing from Taylor. A few days ago he came to Town and I have had an interview and settlement with him. The balance with the interest at 7 per Ct. was 864 dollars. He has not however executed the conveyance for want of some chart which he could not get here, but has entered into bond to do so by August, with good security. As far as I can learn our bargain is a good one. Land in the vicinity has sold in small parcells at more than 20/. I am told. The present moment however it is said is not favorable to the market. By waiting I think it probable it may be sold to your profit or If you continue to be anxious to get rid of it immediately, I have no objection to taking the whole on myself. Before you decide I would recommend that you consult by letter some of your friends here who can judge better than I can do, and who have more leisure & opportunity for making the requisite enquiry into the prospect. Should you chuse to make me the sole proprietor, it will be most convenient that the deed be executed from Taylor to me. In that event also, I beg you to let me know the state in which the accts. between us was left, by your former advances for me, and my settlemts. for your furniture &c.1 1 See Madison to Monroe, March 19, 1786, ante, II, 231. My papers on this subject are either not here or so concealed among others that I cannot find them. I wrote some days ago to my brother Ambrose since which little has taken place worth adding. The inclosed newspapers contain a sketch of what has been done in the House of Reps. Your favor of the 19th. of May has been duly received. The information relating to your little daughter has been communicated as you desired. I hope she is by this time entirely recovered. Your friends in Broadway were well two evenings ago. My last was to my brother A. and acknowledged the receipt of the Diary. I inclose one for the month of April which you can compare with your own for the same month. I enclose also a few grains of upland rice, brought from Timor by Capt. Bligh lately distinguished by an adventure which you must have seen in the newspapers. He was returning from a voyage of discovery in the South seas, and turned out of his ship with a few others by a mutinous crew in a long boat which continued more than 40 days at sea.1 1 William Bligh, captain of the British ship Bounty. The mutiny occurred on a voyage to Jamaica. In 1805 he was governor of New South Wales and his authority was rebelled against. A little rice of which the enclosed is a part was all that he saved out of a fine collection. It will be best to give the grains their first vegetation in a flower pot of rich earth, and then shift the contents of the pot into the ground so as not to disturb the roots. A few of the grains may be tried at once in the garden in a strong soil. Dear Sir,—You will find in the inclosed papers some account of the proceedings on the question relating to the seat of Government. The Senate have hung up the vote for Baltimore, which, as you may suppose, could not have been seriously meant by many who joined in it. It is not improbable that the permanent seat may be coupled with the "temporary one. The Potowmac stands a bad chance, and yet it is not impossible that in the vicissitudes of the business it may turn up in some form or other. Dear Sir,—The pressure of business as the session approaches its term, the earlier hour at which the House of Representatives has for some time met, and the necessity of devoting a part of the interval to exercise, after so long a confinement, have obliged me to deny myself the pleasure of communicating regularly with my friends. I regret much that this violation of my wishes has unavoidably extended itself to the correspondences on which I set the greatest value, and which, I need not add, include yours. The regret is the greater, as I fear it will not be in my power to atone for past omissions by more punctuality during the residue of the session. In your goodness alone I must consequently look for my title to indulgence. Dear Sir,—You will find by one of the Gazettes herewith sent, that the bill fixing the permanent seat of Government on the Potowmac, and the temporary at Philadelphia, has got through the Senate. It passed by a single voice only, Izzard and Few having both voted against it. Its passage through the House of Representatives is probable, but attended with great difficulties. If the Potowmac succeeds, even an these terms, it will have resulted from a fortuitous coincidence of circumstances which might never happen again.1 1 The bill was passed by the House July 9th. I have recd your's of the 9th. inclosing a letter for Mr. Chew which I shall forward as you desire. Cong. not having closed their Session till the day before yesterday, and the weather being extremely hot, I have thought it necessary in order to avoid the danger of a bilious attack to which I am become very subject, to wait here a few weeks which will render the journey more safe, and afford me moreover the pleasure of Mr. Jeffersons company quite to Orange. This resolution puts it out of my power to be within the district by the time of the election, and makes it proper that I should intimate the cause of it to a friend in each County. The inclosed are part of the letters written for that purpose.1 1 New York Aug: 13, 1790 Dear Sir The Session of Congs. was called yesterday. The list of acts inclosed will give you a general idea of what has been done. The subjects which conduced most to the length of the Session are the assumption of the State debts, and the Seat of Government. The latter has been decided in a manner more favorable to Virginia than was hoped. The former will be less acceptable to that State. It has however been purged of some of its objections and particularly of its gross injustice to Virginia, which in a pecuniary view is little affected one way or the other. The Continental debt, as funded, is provided for by the impost alone and a surplus of about a million of dollars, which will have accumulated prior to the first payment of interest, is allotted to the purpose of reducing, by buying up, the principal. The provision for the State debts assumed is to be the work of the next Session in December. It will be made, as far as can be inferred from the ideas now prevalent, under the influences of a strong zeal to avoid direct taxes. The Eastern States being even more averse to that mode of revenue than the Southern, and in my judgment, with much more reason. It was my purpose to have been within the district before the Election; but the length of the Session has disappointed me. By pushing directly on I might indeed now affect it. But it would be at the risk of my health, which is not at present very firm, and would be particularly exposed on a long & rapid journey at this season of the year. I shall consequently remain in this place for a few weeks presuming that the circumstance of my being present or absent will weigh little with my constituents in deciding whether they will again confide their interests to my representation— With great respect & regard I am Sir Your mo: obedt. hble St. Js. Madison Jr. Be so good as not to let this fall into any hands from which it may find its way to the press. A. Rose G. Paine T. Underwood G. Thomson W. C. Nicholas G. Gilmer of Louisa Mann Page Esq. Js. Pendleton Esq.—Mad. MSS. I fear the time may be short for conveying them, but hope opportunities may be found. The letter which is not directed is meant for each one of the gentlemen in Louisa, as you and my brother A. may think most proper Should the High Sheriff be not improper, perhaps it would be as well for you to address it to him. Perhaps also my brother Ambrose may find it convenient to be at the Election in Louisa. The Letter for Col: Pendleton will be best in the hands of my brother William who I presume will attend in Culpeper. Two of the letters being unsealed I refer to their contents, remaining your afft. son. The Session of Congs. was called yesterday. The list of acts inclosed will give you a general idea of what has been done. The subjects which conduced most to the length of the Session are the assumption of the State debts, and the Seat of Government. The latter has been decided in a manner more favorable to Virginia than was hoped. The former will be less acceptable to that State. It has however been purged of some of its objections and particularly of its gross injustice to Virginia, which in a pecuniary view is little affected one way or the other. We arrived here yesterday was a week without any occurrence on the road worth mentioning. The President arrived yesterday & the members are coming in for Congress. I have made inquiry with regard to the articles you want, and send you the inclosed paper which will give you information not only with respect to them, but all others in the market here. The high price of sugar makes it advisable I think not to purchase at present. Coffee seems low enough but I do not see any probability of a rise that will be more than equivalent to the loss of the money vested in an article stored away. I shall however await your instructions on this point as well as others; or if I should meet with a bargain on account either of cheapness or quality, perhaps embrace it for you. Previous to my leaving N. Y., I recd. a letter from you which was not then answered, because the subject of it required more consideration than could then be spared and because an answer was not prompted by anything agitated or proposed on the subject in Congress. I am afraid that notwithstanding the interval which has passed I am still not sufficiently prepared to do justice to your queries, some of which are of a delicate, and all of which are of an important nature. I am however the less concerned on this account, as I am sure that your own reflections will have embraced every idea, which mine, if ever so mature, could have suggested. Since the receipt of your favor of the 15th Jany, I have had the further pleasure of seeing your valuable observations on the Bank, more at length, in your communications to Mr. White. The subject has been decided, contrary to your opinion, as well my own, by large majorities in both Houses, and is now before the President.1 1 Washington debated seriously whether to sign or veto the bill, and at his request Madison prepared the following veto message for him: Feby 21. 1791. Copy of a paper made out & sent to the President at his request to be ready in case his judgment should finally decide agst the Bill for incorporating a National Bank, the bill being then before him. Gentlemen of the Senate Having carefully examined and maturely considered the Bill entitled "An Act I am compelled by the conviction of my judgment and the duty of my Station to return the Bill to the House in which it originated with the following objections: (if to the Constitutionality) I object to the Bill because it is an essential principle of the Government that powers not delegated by the Constitution cannot be rightfully exercised; because the power proposed by the Bill to be exercised is not expressly delegated; and because I cannot satisfy myself that it results from any express power by fair and safe rules of implication. (if to the merits alone or in addition) I object to the Bill because it appears to be unequal between the public and the Institution in favor of the institution; imposing no conditions on the latter equivalent to the stipulations assumed by the former. [quer. if this lie within the intimation of the President] I object to the Bill because it is in all cases the duty of the Government to dispense its benefits to individuals with as impartial a hand as the public interest will permit; and the Bill is in this respect unequal to individuals holding different denominations of public Stock and willing to become subscribers. This objection lies with particular force against the early day appointed for opening subscriptions, which if these should be filled as quickly as may happen, amounts to an exclusion of those remote from the Government, in favor of those near enough to take advantage of the opportunity.—From the Chamberlain MSS. in the Boston Public Library. Jefferson and Edmund Randolph in the cabinet advised the vetoing of the bill, but Hamilton's advice prevailed and Washington signed it February 25, 1791. The power of incorporating cannot by any process of safe reasoning, be drawn within the meaning of the Constitution as an appurtenance of any express power, and it is not pretended that it is itself an express power. The arguments in favor of the measure, rather increased my dislike to it because they were founded on remote implications, which strike at the very essence of the Govt as composed of limited & enumerated powers. The Plan is moreover liable to a variety of other objections which you have so judiciously developed. Tomorrow will put an end to our existence. Much of the business has been laid over to the next session which is to be held the 4th Monday in Ocr. The most important bill lately past is that for establishing a Bank. You will see in the inclosed gazetteer the ground on which it was attacked & defended. The bill remained with the President to the last moment allowed him, and was then signed by him. Since the passage of that Bill one has passed for taking Alexa into the district for the seat of Gov't if the Presidt finds it convenient. This is a confirmation of that measure & passed by a very large majority. I herewith inclose by a conveyance to Fredericksburg three pamphlets as requested by my father, the other by yourself: to which is added a list of the seeds &c sent lately to Mr Maury, according to the information contained in my last. I have not heard from you in answer to my letter on the subject of Tobacco. I have informed Mr Maury of my request to you to forward a few of the Hhds to this place, and have requested him to ship the rest as usual to his broker in Liverpool. I shall set out at a pretty early day from this place, and shall in company with Mr. Jefferson go at least as far northwardly as Lake George, with which route I shall be able to make some private business partly my own, and partly that of a friend coincide. Whether I shall afterwards extend my route Eastwardly I do not yet decide. I have not yet made any purchase of sugar or coffee as desired by my father. Both articles have fallen, the former is however still high, the latter is tolerably cheap. I shall look at some from the Isle of France today or tomorrow, and shall probably before I leave this provide a supply of that article for the family to whom be so good as to remember me affecly. Finding on my arrival at Princeton that both Docr. Witherspoon & Smith had made excursions on the vacation, I had no motive to detain me there; and accordingly pursuing my journey I arrived here the day after I left Philada. my first object was to see Dorhman. He continues to wear the face of honesty, and to profess much anxiety to discharge the claims of Mazzei; but acknowledges that all his moveable property has been brought under such fetters by late misfortunes that no part of it can be applied to that use. His chief resource consisted of money in London which has been attached, improperly as he says, by his brother. This calamity brought on him a protest of his bills, and this a necessity of making a compromise founded on a hypothecation of his effects. His present reliance is on an arrangement which appeals to the friendship of his brother, and which he supposes his brother will not decline when recovered from the misapprehensions which led him to lay his hands on the property in London. A favorable turn of fortune may perhaps open a prospect of immediate aid to Mazzei, but as far as I can penetrate, he ought to count but little on any other resource than the ultimate security of the Western township. I expect to have further explanations however from Dorhman, and may then be better able to judge. I have seen Freneau and given him a line to you.1 1 In the summer of 1791 Freneau announced his purpose of starting a paper in New Jersey, and Madison and Henry Lee induced him to come to Philadelphia instead. Jefferson appointed him a translator of French in the State Department at a salary of $250 a year, and October 31, 1791, The National Gazette appeared. See Life of Madison (Hunt), 235, et seq. He sets out for Philada. today or tomorrow, though it is not improbable that he may halt in N. Jersey. He is in the habit I find of translating the Leyden Gazette and consequently must be fully equal to the task you had allotted for him. He had supposed that besides this degree of skill, it might be expected that he should be able to translate with equal propriety into French; and under this idea, his delicacy had taken an insuperable objection to the undertaking. Being now set right as to this particular, and being made sensible of the advantages of Philada. over N. Jersey for his private undertaking, his mind is taking another turn; and if the scantiness of his capital should not be a bar, I think he will establish himself in the former. At all events he will give his friends then an opportunity of aiding his decision by their information & counsel. The more I learn of his character talents and principles, the more I should regret his burying himself in the obscurity he had chosen in N. Jersey. It is certain that there is not to be found in the whole catalogue of American Printers, a single name that can approach towards a rivalship. Your favor of the 9th was recd. last evening. To my thanks for the Several inclosures I must add a request that the letter to Boynton which came in one of them may be handed to him by one of your servants. The directory will point out his habitation. I received your favor of the 21st yesterday, inclosing post notes for 235 dollars. I shall obtain the bills of Mrs Elsworth4 4 Dorothy Ellsworth, wife of Verdine Ellsworth. She kept a boarding house on Maiden Lane where Madison lived. & the Smith this afternoon and will let you know the amount of them. There is a bill from the Taylor amounting to £6,—7 which I shall pay. The articles for which it is due are in my hands and will be forwarded by the first opportunity. If a good one should fall within your notice, it may be well for you to double the chance of a conveyance by giving a commission for the purpose. I have applied to Rivington for the Book but the only copies in Town seem to be of the 8th Edition. This however is advertised as "enlarged &c by the Author," who I am told by Berry & Rogers is now living & a correspondent of theirs. It is not improbable therefore that your reason for preferring the 6th Ed: may be stronger in favor of this. Let me know your pleasure on the subject & it shall be obeyed. By a Capt: Simms who setts off this afternoon in the Stage for Philadelphia I forward the Bundle of Cloaths from the Taylor. His bill is inclosed with that of Mrs Elseworth including the payment to the Smith. Your favor of the 29th. of May never came to hand till yesterday when it fell in with me at this place. My brother's of nearly the same date had done so a few days before. My answer to his went by the last mail. I refer to it for the information yours requests. I had indeed long before advised you both to ship to Leiper all the good Tobacco of your crops. It is certainly the best you can do with it. Your favour of the 6th. came to hand on friday. I went yesterday to the person who advertised the Maple Sugar for the purpose of executing your comission on that subject. He tells me that the cargo is not yet arrived from Albany, but is every hour expected; that it will not be sold in parcels of less than 15 or 16 hundred lbs & only at auction, but that the purchasers will of course deal it out in smaller quantities; that a part is grained and a part not; and that the price of the former will probably be regulated by that of good Muscavado which sells at about £5 N. Y. Currency a Ct. I shall probably be at Flushing in two or three days and have an opportunity of executing your other Com̃issions on the spot. In case of disappointment, I shall send the Letter & money to Prince by the best conveyance to be had. The Maple Seed is not arrived. The Birch Bark has been in my hands some days and will be forwarded as you suggested. I received last evening your very kind enquiries after my health. My last will have informed you of the state of it then. I continue to be incommoded by several different shapes of the bile; but not in a degree that can now be called serious. If the present excessive heat should not augment the energy of the cause, I consider myself as in a good way to get rid soon of its effects. It being probable that I shall leave this place early in the ensuing week I drop you an intimation of it, that you may keep back my letters that may fall into your hands for me, or that you might intend to favor me with. It take the liberty of putting the inclosed into your hands that in case Col: Lee should have left Philada. the contents may find their way to Col: Fisher who is most interested in them. And I leave it open for the same purpose. The Attorney will be a fit channel in the event of Col: Lee's departure, for conveying the information. We arrived here yesterday morning was a week, having been obliged to push through the bad weather by the discovery first made at Mount Vernon that the meeting of Congress was a week earlier than was calculated at our setting out. The President had been under the same mistake, and had but just been apprized of it. Many others had equally miscalculated. The delay in acknowledging your letter of the 6th June last proceeded from the cause you conjectured. I did not receive it till a few days ago, when it was put into my hands by Mr. James Pemberton, along with your subsequent letter of the 8th August.1 1 Pleasants was a Quaker and wrote in behalf of "The Humane or Abolition Society" of Virginia, saying in his letter of June 6,—"believing thou [Madison] art a friend to general liberty,"—he had a strong desire to have a scheme of general emancipation in the state. "Knowing the sentiments of divers slave-holders, who are favorable to the design, I wish to have thy judgment on the propriety of a Petition to our assembly for a law declaring the children of slaves to be born after the passing such act, to be free at the usual ages of eighteen and twenty-one years; and to enjoy such privileges as may be consistent with justice and sound policy."—Mad. MSS. The leading minds of virginia were in favour of emancipation. See Randall's Jefferson, i., 227. The memorial against the militia bill was presented November 23. I recd yesterday a letter from my brother Ambrose which gave me the first information I have had since I left home concerning the state of my mothers health. I am extremely glad to find she had so much mended and hope her health may continue to grow better. I have received your favor of the 8th & handed to Freneau the subscriptions inclosed for him. His paper in the opinion here justifies the expectations of his friends and merits the diffusive circulation they have endeavoured to procure it. You already know the fate of the apportionment Bill—the subject was revived in the Senate, but I understand has been suspended in order to give an opportunity to the house of Reps. to procede in a second Bill if it pleases—Nothing however has been done in it, and it is difficult to say when or in what form the business will be resumed— The subject most immediately in hand in the House of Reps. is the Post office Bill, which has consumed much time and is still in an unfinished state—you see in the Newspapers historical sketches of its progress— Your favor of the 8th did not come to hand till this afternoon. I thank you for the very just & interesting observations contained in it. I have not yet met with an opportunity of forwarding the Report on Manufactures; nor has that subject been yet regularly taken up. The constitutional doctrine however advanced in the Report, has been anticipated on another occasion, by its zealous friends; and I was drawn into a few hasty animadversions the substance of which you will find in one of the inclosed papers. It gives me great pleasure to find my exposition of the Constitution so well supported by yours. The last letter recd. from you was that of Feby. I. Since my answer to that the state of the roads & rivers has been such as to render the conveyance of letters very tedious if not uncertain, and thence to produce the interval between that date & the present. I now inclose 5nos. of the National Gazette—which continue the intelligence through out the period of my silence—You will find noticed the progress of the business in Cons. and particularly the bills that have passed into laws. The representation-bill which as it went to the Senate proposed again the simple ratio of 1 for 30,000 applied to the respective members in each state, and a second census within a short time to be followed by a like ratio, has come back with the latter provision struck out, and the former so altered as to make the number of Reps. amount to 120, instead of 112. This is the more extraordinary as the No. 112 was considered before as too great and a ratio of 1 for 33,000 insisted on & the bill sacrificed to it. The secret of the business is that by these different rules the relative number of Eastn. & Southn. members is varied. The number of 120 is made out by applying 1 for 30,000 to the aggregate population of the U. S. and allowing to fractions of certain amount an additional member.1 1Washington vetoed the bill April 5, 1792, because it made an uneven proportion and allowed eight states more representatives than 1 to every 30,000 of their inhabitants.—Messages and Papers of the Presidents, i., 124. Col. Wadsworth2 2 Jeremiah Wadsworth, a representative. of Connecticut wishes to procure a Barrel or half Barrel of the best Peach Brandy, & I have undertaken to use my efforts for the purpose. If it can be got at all it is probably in our neighbourhood. I recollect particularly that Col Geo. Taylor had some that we thought good & which is perhaps to be obtained. If that or any better can be had I shall be glad that one of my brothers would take the trouble of engaging it & having it forwarded. The older the better provided the quality be excellent. If age be wanting, the quality should be such as will be made excellent by age. To secure it against fraud, it is desired that the cask be cased with an outer one; the cask itself to be of wood that will give it no ill taste. The price will not be considered so much as the character of the spirits, it being for the use of the gentleman himself—If no brandy be on hand that will do, perhaps the ensuing fall if the peaches be not destroyed, may supply the defect. In that case it might be well to speak in time to some person & have a barrel distilled with special care for the purpose. The brandy is to be shipped from Fredericksburg addressed to Watson & Greenleaf at New York—for Col. Wadsworth Mr. Maury or Mr. Glassell will forward it if sent to either of them. I have nothing to add to the papers enclosed having written a few days ago, & being now in haste. In consequence of a note this morning from the President, requesting me to call on him I did so; when he opened the conversation by observing, that having some time ago communicated to me his intention of retiring from public life on the expiration of his four years, he wished to advise with me on the mode and time most proper for making known that intention. He had he said spoken with no one yet on those particular points, and took this opportunity of mentioning them to me, that I might consider the matter, and give him my opinion, before the adjournment of Congress, or my departure from Philadelphia. He had he said forborne to communicate his intentions to any other persons whatever, but Mr. Jefferson, Col. Hamilton, General Knox, and myself, and of late to Mr. Randolph. Col. Hamilton and Genl. Knox he observed were extremely importunate that he should relinquish his purpose, and had made pressing representations to induce him to it Mr. Jefferson had expressed his wishes to the like effect. He had not however persuaded himself that his continuance in Public life could be of so much necessity or importance as was conceived, and his disinclination to it was becoming every day more & more fixed; so that he wished to make up his mind as soon as possible on the points he had mentioned. What he desired was to prefer that mode which would be most remote from the appearance of arrogantly presuming on his re-election in case he should not withdraw himself, and such a time as would be most convenient to the Public in making the choice of his successor. It had he said at first occurred to him, that the commencement of the ensuing Session of Congress would furnish him with an apt occasion for introducing the intimation, but besides the lateness of the day, he was apprehensive that it might possibly produce some notice in the reply of Congress that might entangle him in farther explanations. Having been left to myself for some days past, I have made use of the opportunity for bestowing on your letter of the 20th Ult, handed to me on the road, the attention which its important contents claimed. The questions which it presents for consideration are—1. at what time a notification of your purpose to retire will be most convenient? 2 what mode will be most eligible? 3 whether a valedictory address will be requisite or advisable? 4. if either, whether it would be more properly annexed to the notification or postponed to your actual retirement. Your favor of the 12 Ult having arrived during an excursion into Albemarle, I did not receive it till my return on yesterday. I lose not a moment in thanking you for it, particularly for the very friendly paragraph in the publication in Fenno's paper. As I do not get his paper here, it was by accident I first saw this extraordinary manouvre of calumny, the quarter, the motive, and the object of which speak of themselves. As it respects Mr. Jefferson I have no doubt that it will be of service both to him & the public, if it should lead to such an investigation of his political opinions and character as may be expected. With respect to myself the consequence in a public view, is of little account. In any view, there could not have been a charge founded on a grosser perversion of facts, & consequently against which I could feel myself more invulnerable. I am just favored with yours of the 28th Ult. I wish I could remove your anxiety for the French. The last accounts are so imperfect & contradictory that it is difficult to make anything of them. They come also thro' the Brussels & English channels, which increases the uncertainty. It appears on the whole that the combination agst. the revolution, and particularly agst. their new Republic, is extremely formidable, and that there is still greater danger within from the follies and barbarities which prevail in Paris. On the other hand it seems tolerably clear that the nation is united against Royalty, and well disposed to second the Government in the means of defence. At this distance it is impossible to appreciate particular measures, or foresee the turn which things may finally take. . . . As I intimated in my last I have forced myself into the task of a reply. I can truly say I find it the most grating one I ever experienced; and the more so as I feel at every step I take the want of counsel on some points of delicacy as well as of information as to sundry matters of fact. I shall be still more sensible of the latter want when I get to the attack on French proceedings, & perhaps to the last topic proposed by the writer, if I ever do get to it. As yet I have but roughly and partially gone over the first; & being obliged to proceed in scraps of time, with a distaste to the subject, and a distressing lassitude from the excessive & continued heat of the season, I cannot say when I shall finish even that. One thing that particularly vexes me is that I foreknow from the prolixity & pertinacity of the writer, that the business will not be terminated by a single fire, and of course that I must return to the charge in order to prevent a triumph without a victory.1 1 Hamilton did not reply. . . . Your acct of the ticklish situation with respect to Genet in the 14th is truly distressing. His folly would almost beget suspicions of the worst sort. The consequences you point out in case matters come to an extremity are so certain & obvious that it is hardly conceivable he can be blind to them. Something must be done if possible to get him into a better train. I find by the paper of the 27, that Pacificus has entered & I suppose closed his last topic. I think it a feeble defence of one important point I am striking at: viz., the making a declaration in his sense of it, before the arrival of Genet. I argue that the Act does not import a decision agst the cas: fed: from the manifest impropriety of doing so on the ground that France was the aggressor in every war, without at least waiting for evidence as to the question of fact who made the first attack admitting for the sake of argt that to be the intention. A difficulty has occurred which will retard my remarks more than I expected. They must be prepared for the same Gazette consequently copied into another hand. I am laying a plan for havg. it done here, but it cannot be done as quickly as I wish.—Mad. MSS. The task on which you have put me, must be abridged so as not to go beyond that period. You will see that the first topic is not yet compleated. I hope the 2d, & 3d, to wit the meang of the Treaty & the obligations of gratitude will be less essential. The former is particularly delicate; and tho' I think it may be put in a light that wd. reflect ignominy on the author of P., yet I had rather not meddle with the subject if it cd. be avoided. I cannot say when I shall be able to take up those two parts of the job. Just as I was embarking in the general subject I recd. from the reputed Author of Franklyn a large pamphlet written by him agst the fiscal system, particularly the Bank; which I could not but attend to. It is put on a footing that requires me to communicate personally with Monroe, whom I ought to have seen before this, as the publication of the work is to be contrived for the Author. It really has merit, always for its ingenuity, generally for its solidity, and is enriched with many fine strokes of imagination, and a continued vein of pleasantry & keen satire, that will sting deeply. I have recd. a letter from the Author, wishing to hear from me. I must therefore take a ride as far as Charlottesville as soon as I make out the next packet for you, and suspend the residue of the business till I return. I shall endeavour in my absence to fulfill a promise to Wilson Nicholas which will lengthen the suspension. I forwd. to F. a copy of the little thing of Ld Ch.; the last sentence is struck out as not necessary, and which may perhaps wound too indiscriminately certain characters not at present interested in supporting public corruptions. . . . . . . This hurries me; And has forced me to hurry what will be inclosed herewith, particularly the last N°. V, which required particular care in the execution. I shall be obliged to leave that & the greater part of the other Nos to be transcrd, sealed up & forwarded in my absence. It is certain therefore that many little errors will take place. As I cannot let them be detained till I return, I must pray you to make such corrections as will not betray your hand. In pointing & erasures not breaking the sense, there will be no difficulty. I have already requested you to make free with the latter.2 2 Jefferson wrote, September 1, that he was "never more charmed with anything," and that he had changed nothing, except a part of one sentence.—Writings (Ford), vi., 402. You will find more quotations from the Fedt. Dash them out if you think the most squeamish critic could object to them. In N°. 5. I suggest to your attention a long preliminary remark into which I suffered myself to be led before I was aware of the prolixity. As the piece is full long without it, it had probably better be lopped off. The propriety of the two last paragraphs claims your particular criticism. I wd not have hazarded them without the prospect of your revisal, & if proper your erasure. That which regards Spain &c may contain unsound reasoning, or be too delicate to be touched in a Newspaper. The propriety of the last, as to the President's answers to addressers depends on the truth of the fact, of which you can judge. I am not sure that I have seen all the answers. My last was of the 12th, & covered the 2 first Nos. of H[elvidiu]s. I am assured that it was put into the post office on tuesday evening. It ought therefore to have reached you on saturday last. As an oppy to Fredg may happen before more than the 3d No. may be transcribed, it is possible that this may be accompanied by that alone. . . .—Mad. MSS. I left home the day before yesterday which was the date of my last, it was to be accompanied by 2 & perhaps tho' not probably 3 additional Nos of H-l-v-d-s. The last to wit N°. 5, contained two paragraphs the one relating to the accession of S. & P. to the war against F. the other to the answers of the P. to the addresses on his proclamation, which I particularly requested you to revise, and if improper, to erase. The whole piece was more hurried than it ought to have been, and these paragraphs penned in the instant of my setting out which had been delayed as late as would leave enough of the day for the journey. I mention this as the only apology for the gross error of fact committed with respect to the term neutrality, which it is asserted the P. has not used in any of his answers. I find on looking into them here, that he used it in the first of all, to the Merchts of Philada, and in one other out of three which I have examined. I must make my conditional request therefore an absolute one as to that passage. If he should forbear the use of the term in all his answers subsequent to the perversion of it by Pacificus, it will strengthen the argument used; but that must be a future & contingent consideration. . . .—Mad. MSS. I wrote you a few lines by the last post from this place just to apprise you of my movement to it. I have since seen the Richmond & the Philada papers containing, the latter the certificate of Jay & King & the publications relating to the subject of it, the [former,] latter, the proceedings at Richmond dictated no doubt by the cabal at Philada. It is painful to observe the success of the management for putting Wythe at the head of them. I understand however that a considerable revolution has taken place in his political sentiments under the influence of some disgusts he has received from the State Legislature. By what has appeared I discover that a determination has been formed to drag before the public the indiscretions of Genet; and turn them & the popularity of the P. to the purposes driven at. Some impression will be made here of course. A plan is evidently laid in Richd to render it extensive. If an early & well-digested effort for calling out the real sense of the people be not made, there is room to apprehend they may in many places be misled. This has employed the conversation of—& myself. We shall endeavor at some means of repelling the danger; particularly by setting on foot expressions of the public mind in important Counties, and under the auspices of respectable names. I have written with this view to Caroline, and have suggested a proper train of ideas, and a wish that Mr. P. would patronize the measure. Such an example would have great effect. Even if it shd not be followed it would be considered as an authentic specimen of the Country temper; and would put other places on their guard agst the snares that may be laid for them. The want of opportunities, and our ignorance of trustworthy characters, will circumscribe our efforts in this way to a very narrow compass. The rains for several days have delayed my trip to the Gentleman named in my last. Unless to-morrow shd be a favorable day, I shall be obliged to decline it altogether. In two or three days I shall be in a situation to receive & answer your letters as usual. That by Mr. D R. has not yet reached me.—Mad. MSS. . . . The Newspapers will inform you that the call for the Treaty papers was carried by 62 agst 37. You will find the answer of the President herewith inclosed. The absolute refusal was as unexpected as the tone & tenor of the message are improper & indelicate. If you do not at once perceive the drift of the appeal to the Gen1 Convention & its journal, recollect one of Camillus' last numbers, & read the latter part of Murray's speech. There is little doubt in my mind that the message came from N. Y., when it was seen that an experiment was to be made, at the hazard of the P., to save the faction agst the Reps of the people. The effect of this reprehensible measure on the majority is not likely to correspond with the calculation of its authors. I think there will be sufficient firmness to face it with resolutions declaring the Const1 powers of the House as to Treaties, and that in applying for papers, they are not obliged to state their reasons to the Executive. In order to preserve this firmness however, it is necessary to avoid as much as possible an overt rencontre with the Executive. The day after the message was recd, the bill guarantying the loan for the federal City, was carried thro' the H. of Reps by a swimming majority. . . . . . . Many of the means1 1 Italics for cypher. by which this majority was brought abt will occur to you. But it is to be ascribed principally to an appeal to petitions under the mercantile influence, & the alarm of war. A circular letter from the Merchts of Phila gave the signal to all other towns. The people were everywhere called on to chuse between peace & war, & to side with the Treaty if they preferred the former. This stratagem produced in many places a fever & in New Engd a delirium for the Treaty wh soon covered the table with petitions. The counter petitions, tho powerful from Phila, & respectable from some other quarters did not keep pace. Indeed there was not time for distant parts where the Treaty was odious to express their sentiments before the occ was over. Besides the alarm of war in the smaller States, a great excitement was produced in them by the appeal of the Pr in his message, to their particular interest in the powers of the Senate. What the effect of this whole business will be on the public mind cannot yet be traced with certainty. For the moment at least it presses hard on the republican interest. It probably would have been better if the great majority existing at one moment had been taken advantage of for a strong preface in the tone of Dearborn, and if the Treaty party had then carried their object with the consequences on their own heads. The final turn of the majority ought at least to have been sooner prepared for. This was in fact contemplated. But before some were ripe for the arrangement others were rotten. As soon as the subject was finished, an explanatory article, signed by Bond & Picketing, marked with sundry curious features, was laid before the Senate, & has, been ratified. The avowed object is to declare that the Indian Treaty which requires a special license to Traders residing at the Indian Towns shall not affect the Brith privileges, under the third article. This when known by the public, will justify an important ground of opposition to the Treaty. Adèt seems to have conducted himself with great circumspection throughout the crisis here, nor do I know what or whether anything escapes him since the conclusion of it. It will be deeply interesting to know how France will take it all. I hope no rash councils will prevail with her. You can foresee the consequences of such here. Whilst the war lasts Engld will command most attention, because she can do this country most harm. In peace, Fr will command most attention, because she can do it most good. This view of the subject, may perhaps be worth your development on fit occasions. Among the bills just passed the H. of Reps is one prohibiting the sale of prizes in our ports. It did not pass without doubts & opposition. The real object with most was to protect Spanish & Dutch vessels as much as possible, on the supposition that the British Treaty protected hers in this respect agst all nations. It is now generally understood that the President will retire. Jefferson is the object on one side A dams apparently on the other. The secondary object still unsettled. The general result is rendered doubtful by the probable complexion of the New York legislature, and by a late law of Pen for chusing Electors by a genl ticket. If the decision should result to the House of Rs it will be safe. . . .—Mad. MSS. Dear Sir,—I inclose a draught on Genl Moylan, out of which you will be pleased to pay yourself the price of the Nails, £48-11. 3d., Va. Cy to let Barnes have as much as will discharge the balance I owe him, & to let what may remain lie till I write to you again. I did not receive your last favor of the 16th Ult° till the mail after it was due, with the further delay of its coming by the way of Charlottesville. The last mail brought me not a single Newspaper, tho' it was before in arrears. That there is foul play with them I have no doubt. When it really happens that the entire Mass cannot be conveyed, I suspect that the favorite papers are selected, and the others laid by; and that when there is no real difficulty the pretext makes room for the same partiality. The idea of publishing the Debates of the Convention ought to be well weighed before the expediency of it, in a public as well as personal view be decided on. Besides the intimate connection between them the whole volume ought to be examined with an eye to the use of which every part is susceptible. In the Despotism at present exercised over the rules of construction, and [illegible] reports of the proceedings that would perhaps be made out & mustered for the occasion, it is a problem what turn might be given to the impression on the public mind. But I shall be better able to form & explain my opinion by the time, which now approaches when I shall have the pleasure of seeing you. And you will have the advantage of looking into the sheets attentively before you finally make up your own. I have had a glance at Gerry's communications & P.s Report on it. It is impossible for any man of candor not to see in the former an anxious desire on the part of France for accommodation, mixed with the feelings which Gerry satisfactorily explains. The latter a narrow understanding and a most malignant heart. Taken, however, in combination with preceding transactions, it is a link that fits the chain. The P could not do less in his speech than allow France an option of peace, nor his Minister do more than to insult & exasperate her if possible, into a refusal of it. My promise to write to you before your leaving Albemarle was defeated by a dysenteric attack, which laid me up for about a week, and which left me ia a state of debility not yet thoroughly removed. My recovery has been much retarded by the job of preparing a vindication of the Resolutions of last Session agst the replies of the other States, and the sophistries from other quarters. The Committee made their report a few days ago, which is now in the press and stands the order of the day for thursday next. A set of Resolutions proposed by Mr. Giles, instructing the Senators to urge the repeal of the unconstl acts, the disbanding of the army, and a proper arrangement of the militia, are also in the press, and stand the order of the same day for the same Committee. It is supposed that both these papers, the latter perhaps with some modifications, will go through the H. of Delegates. The Senate, owing to inattention & casualties, is so composed as to render the event there not a little uncertain. If an election, to fill the vacancy of Mr. H. Nelson who lately resigned, should send Mr. Andrews in preference to his competitor Mr. Saunders, I am told that the parties will be precisely in equilibrio, excepting only one or two whom circumstances now & then on particular questions, transfer from the wrong to the right side. It is hoped that this contingent fund of votes, will be applicable to the Vindication. On other important questions, there is much less expectation from it. There is a report here that the Legislature of N. Carolina now in session, have voted the Resolutions of Virginia under their table. The report is highly improbable, and I do not believe it. But it is impossible to calculate the progress of delusion, especially in a State where it is said to be under systematic management, and where there is so little either of system or exertion opposed to it. We had a narrow escape yesterday from an increase of pay to the members, which would have been particularly unseasonable & injurious both within & without the State. It was rejected on the third reading by a small majority; and was so much a favorite, with the distant members particularly, that I fear it has left them in rather an ill humour. My last covered a copy of the Report on the Resolutions of last year. I now inclose a copy of certain resolutions moved by Mr. Giles, to which he means to add an instruction on the subject of the intercourse law which has been so injurious to the price of Tobo. It is not improbable that the Resolutions when taken up, may undergo some mollifications, in the spirit and air of them. The Report has been under debate for two days. The attacks on it have turned chiefly on an alleged inconsistency between the comment now made and the arguments of the last session, and on the right of the Legislature to interfere in any manner with denunciations of the measures of the Genl Govt. The first attack has been parried by an amendment admitting that different constructions may have been entertained of the term "States" as "parties" &c but that the sense relied on in the report must be concurred in by all. It is in fact concurred in by both parties. On examination of the Debates of the last session, it appears that both were equally inaccurate & inconsistent in the grounds formerly taken by them. The attack on the right of the Legislature to interfere by declaration of opinion will form a material point in the discussion. It is not yet known how far the opposition to the Report will be carried into detail. The part relating to the Common law it is said will certainly be combated. You will perceive from this view of the matter, that it is not possible to guess how long, we shall be employed on it. There will in the event be a considerable majority for the Report in the House of Delegates, and a pretty sure one in the Senate. Can you send me a copy of Priestly's letters last published.—Mad. MSS. Dear Sir,—The question on the Report printed, was decided by 60 for & 40 agst it, the day before yesterday, after a debate of five days. Yesterday & to-day have been spent on Mr. Giles' propositions, which with some softenings will probably pass, by nearly the same vote. The Senate is in rather a better state than was expected. The Debate turned almost wholly on the right of the Legislature to protest. The Constitutionality of the Alien & Sedition Acts & of the C. Law was waived. It was said that the last question would be discussed under Mr. Giles' propositions; but as yet nothing has been urged in its favour. It is probable however that the intention has not been laid aside. I thank you for the pamphlets.—Mad. MSS. Dear Sir,—My last informed you of the result of the debates on the justifying Report of the Select Committee. I am now able to add that of Mr. Giles's resolutions. The question on the whole was decided in the affirmative by a little upwards of a hundred against less than fifty. The vote was rather stronger on some of the particular resolutions, for example the instruction for disbanding the army. The alien sedition & Tobacco instructions passed without a count or a division. That relating to the common law, passed unanimously with an amendment qualifying it in the words of the paragraph in the Justifying Report under which certain defined parts of the C. L. are admitted to be the law of the U. S. This amendment was moved by the minority on the idea that it covers the doctrine they contend for. On our side it is considered as a guarded exposition of the powers expressed in the Constn. and those necessary & proper to carry them into execution. I am not able to say in what manner they misconstrue the definition, unless they apply the term "adopt" to the "Court" which would be equally absurd & unconstitutional. The Judges themselves will hardly contend that they can adopt a law, that is, make that law which was before not law. The difference in the majority on the Report & the resolutions, was occasioned chiefly by the pledge given agst the former by the members who voted agst the Resolutions of last year. The resolutions also underwent some improvements, which reconciled many to them who were not satisfied with their first tone & form. It is understood that the present assembly is rather stronger on the republican side than the last one: and that a few favorable changes have taken place in the course of the session. It is proposed to introduce to-morrow a bill for a general ticket in chusing the next Electors. I expect to leave this in a week; so that your subsequent favors will find me in Orange. Dear Sir,—Since my last the Senate have agreed to the Report & the Resolution by 15 to 6. To the latter, they made an amend to the definition of the portion of C. L. in force in the U. S. by inserting the words "by Congress" after the word "adopted," in order to repel the misconstruction which led the minority to concur in that particular resolution as it passed the H. of D. The amendt was agreed to by 82 to 40. The plan of a Gen1 Ticket was so novel that a great n°. who wished it shrunk from the vote, and others apprehending that their Constts would be still more startled at it voted agst it, so that it passed by a majority of 5 votes only. The event in the Senate is rather doubtful; tho' it is expected to get thro'. As the avowed object of it is to give Virga. fair play, I think if passed into a law, it will with proper explanations become popular. I expect to get away abt the middle of the week. The Assembly will rise perhaps at the end of it; tho' possibly not so soon. I forgot to tell you that a renewed effort to raise the pay of the members to 3 drs. has succeeded; a measure wrong in principle, and which will be hurtful in its operation. I have desired Barnes to pay you a balance in his hands, out of which you will please to pay yourself the balance due to your Nailory.—Mad. MSS. My Dear Sir,—I cannot at so late a day acknowledge your two favors of [blank] without an explanation, which I am sure your goodness will accept as an apology. Having brought with me to this place a very feeble state of health, and finding the mass of business in the department, at all times considerable, swelled to an unusual size by sundry temporary causes, it became absolutely necessary to devote the whole of my time & pen to my public duties, and consequently to suspend my private correspondences altogether, notwithstanding the arrears daily accumulating. To this resolution I have thus far adhered. I must now endeavor to make some atonement for the delay, and your case is among the first that is suggested both by obligation & inclination.
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