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expand2003 (1)
1Author:  Madison James 1751-1836Add
 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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