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1	Author:	unknown	Requires cookie*
	Title:	The Cavalier Daily
	Published:	1967
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-ModEngl
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2	Author:	Smith, John, 1580-1631.	Requires cookie*
	Title:	The complete works of Captain John Smith [vol. 1]
	Published:
	Description:	VOLUME I
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3	Author:	Smith, John, 1580-1631.	Requires cookie*
	Title:	The complete works of Captain John Smith [vol. 2]
	Published:
	Description:	VOLUME II
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4	Author:	Smith, John, 1580-1631.	Requires cookie*
	Title:	The complete works of Captain John Smith [vol. 3]
	Published:
	Description:	VOLUME III
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5	Author:	Exectech User	Requires cookie*
	Title:
	Published:
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6	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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7	Author:	Washington Booker T. 1856-1915	Requires cookie*
	Title:	The Story of the Negro
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	RAN away, on the 6th of July last, from the subscriber, living in Bond's forest, within eight miles of Joppa, in Baltimore County, an Irish Servant Man, named Owen M'Carty, about 45 years old, 5 feet 8 inches high, of a swarthy complexion, has long black hair, which is growing a little grey, and a remarkable scar under the right eye. He had on and took with him when he went away, a short brown coat, made of country manufactured cloth, lined with red flannel, with metal buttons, oznabrigs trowsers patched on both knees, a white shirt, an old pair of shoes, and an old felt hat. He was a soldier in some part of America about the time of Braddock's defeat, and can give a good description of the country. Whoever takes up the said Servant and brings him to Alexander Cowan, or John Clayton, Merchants, in Joppa, or to the subscriber, if he is taken in the County, shall receive FIVE POUNDS, and if out of the County, the above-mentioned TEN POUNDS, as a reward and consideration for his trouble and expense. Barnard Reilly. Miss Varina: I have watched with deep interest and solicitude the illness of Mr. Davis at Brierfield, his trip down on the steamer Leathers, and your meeting and returning with him to the residence of Mr. Payne, in New Orleans; and I had hoped with good nursing and superior medical skill, together with his great willpower to sustain him, he will recover. But, alas! for human endeavour, an over-ruling Providence has willed it otherwise. I appreciate your great loss, and my heart goes out to you in this hour of your deepest affliction.
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8	Author:	Washington Booker T. 1856-1915	Requires cookie*
	Title:	The Story of the Negro
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	To all and every our right worshipful and loving Brethren, we, Thomas Howard, Earl of Effingham, Lord Howard, etc., etc., acting Grand Master under the authority of His Royal Highness, Henry Frederick, Duke of Cumberland, etc., etc., Grand Master of the Most Ancient and Honourable Society of Free and Accepted Masons, send greeting:
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9	Author:	Washington Booker T. 1856-1915	Requires cookie*
	Title:	The Future of the American Negro
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	In this volume I shall not attempt to give the origin and history of the Negro race either in Africa or in America. My attempt is to deal only with conditions that now exist and bear a relation to the Negro in America and that are likely to exist in the future. In discussing the Negro, it is always to be borne in mind that, unlike all the other inhabitants of America, he came here without his own consent; in fact, was compelled to leave his own country and become a part of another through physical force. It should also be borne in mind, in our efforts to change and improve the present condition of the Negro, that we are dealing with a race which had little necessity to labour in its native country. After being brought to America, the Negroes were forced to labour for about 250 years under circumstances which were calculated not to inspire them with love and respect for labour. This constitutes a part of the reason why I insist that it is necessary to emphasise the matter of industrial education as a means of giving the black man the foundation of a civilisation upon which he will grow and prosper. When I speak of industrial education, however, I wish it always understood that I mean, as did General Armstrong, the founder of the Hampton Institute, for thorough academic and religious training to go side by side with industrial training. Mere training of the hand without the culture of brain and heart would mean little. "The closing exercises of the city coloured public school were held at St. Luke's A. M. E. Church last night, and were witnessed by a large gathering, including many white. The recitations by the pupils were excellent, and the music was also an interesting feature. Rev. R. T. Pollard delivered the address, which was quite an able one; and the certificates were presented by Professor T. L. McCoy, white, of the Sanford Street School. The success of the exercises reflects great credit on Professor S. M. Murphy, the principal, who enjoys a deservedly good reputation as a capable and efficient educator."
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10	Author:	Adams Henry 1838-1918	Requires cookie*
	Title:	The Education of Henry Adams
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	UNDER the shadow of Boston State House, turning its back on the house of John Hancock, the little passage called Hancock Avenue runs, or ran, from Beacon Street, skirting the State House grounds, to Mount Vernon Street, on the summit of Beacon Hill; and there, in the third house below Mount Vernon Place, February 16, 1838, a child was born, and christened later by his uncle, the minister of the First Church after the tenets of Boston Unitarianism, as Henry Brooks Adams. Whether the Federal army is destroyed or not, it is clear that it is driven back to Washington and has made no progress in subduing the insurgent States. Such being the case, I agree with you that the time is come for offering mediation to the United States Government with a view to the recognition of the independence of the Confederates. I agree further that in case of failure, we ought ourselves to recognize the Southern States as an independent State. For the purpose of taking so important a step, I think we must have a meeting of the Cabinet. The 23d or 3Oth would suit me for the meeting. ...It is evident that a great conflict is taking place to the northwest of Washington, and its issue must have a great effect on the state of affairs. If the Federals sustain a great defeat, they may be at once ready for mediation, and the iron should be struck while it is hot. If, on the other hand, they should have the best of it, we may wait a while and see what may follow... It is of the utmost importance and urgency that the ironclads building at Birkenhead should not go to America to break the blockade. They belong to Monsieur Bravay of Paris. If you will offer to buy them on the part of the Admiralty you will get money's worth if he accepts your offer; and if he does not, it will be presumptive proof that they are already bought by the Confederates. I should state that we have suggested to the Turkish Government to buy them; but you can easily settle that matter with the Turks. . . .
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11	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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12	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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13	Author:	Turner Frederick Jackson 1861-1932	Requires cookie*
	Title:	The Frontier in American History
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	In a recent bulletin of the Superintendent of the Census for 1890 appear these significant words: "Up to and including 1880 the country had a frontier of settlement, but at present the unsettled area has been so broken into by isolated bodies of settlement that there can hardly be said to be a frontier line. In the discussion of its extent, its westward movement, etc., it can not, therefore, any longer have a place in the census reports." This brief official statement marks the closing of a great historic movement. Up to our own day American history has been in a large degree the history of the colonization of the Great West. The existence of an area of free land, its continuous recession, and the advance of American settlement westward, explain American development.
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14	Author:	Adams Abigail 1744-1818	Requires cookie*
	Title:	Letters of Mrs. Adams
	Published:	2003
	Subjects:	University of Virginia Library, Modern English collection \| UVA-LIB-Text
	Description:	"When President Monroe was in Boston, upon. his late tour, encompassed by citizens, surrounded by the military, harassed by invitations to parties, and applications innumerable for office, some gentleman asked him if he was not completely worn out? To which he replied, 'O no. A little flattery will support a man through great fatigue.' I may apply the observation to myself and say, that the flattery in your letter leads me to break through the aversion, which is daily increasing upon me, to writing. The public papers, my dear friend, announce the fatal event of which your letter of October the 20th had given me ominous foreboding. Tried myself in the school of affliction, by the loss of every form of connexion which can rive the human heart, I know well, and feel what you have lost, what you have suffered, are suffering, and have yet to endure. The same trials have taught me, that for ills so immeasurable, time and silence are the only medicine. I will not therefore, by useless condolences, open afresh the sluices of your grief, nor, although mingling sincerely my tears with yours, will I say a word more where words are vain; but that it is of some comfort to us both, that the term is not very distant, at which we are to deposit in the same cerement our sorrows and suffering bodies, and to ascend in essence to an ecstatic meeting with the friends we have loved and lost, and whom we shall still love and never lose again. DOES not my friend think me a stupid girl, when she has kindly offered to correspond with me, that I should be so senseless as not to accept the offer? Senseless and stupid I would confess myself, and that to the greatest degree, if I did not foresee the many advantages I shall receive from corresponding with a lady of your known prudence and understanding.
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15	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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16	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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17	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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18	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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19	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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20	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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