The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
TO THOMAS JEFFERSON.
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 | The writings of James Madison, |  |
TO THOMAS JEFFERSON.[1]
Dear Sir,—I entreat that you will not suffer the
chance of a speedy and final determination of the
Territorial Question, by Congress, to affect your purpose
of tracing the title of Virginia to her claims. It
is, in the first place, very uncertain when a determination
will take place, even if it takes place at all; and
in the next it will assuredly not be a final one, unless
Virginia means to be passive and silent under aggression
on her rights. In every event, therefore, it is
that can vindicate her title. Her adversaries
will be either the United States, or New York, or
both. The former will either claim on the principle
that the vacant country is not included in any particular
State, and consequently falls to the whole, or
will clothe themselves with the title of the latter by
accepting its cession. In both cases it will be alleged,
that the charter of 1609 was annulled by the
resumption of it into the hands of the Crown, and
that the subsequent grants to Maryland, &c., denote
this to have been the construction of it; that the
proclamation of 1763 has constituted the Alleghany
ridge the Western limit of Virginia, and that the letter
of President Nelson, on the subject of a new
Colony on the Ohio, relinquishes on the part of Virginia
all interference with the authority of the Crown
beyond that limit. In case the title of New York
should alone be opposed to that of Virginia, it will be
further alleged against the latter, that the treaties of
1684, 1701, 1726, 1744, and 1754, between the Government
of the former and the Six Nations, have annexed
to it all the country claimed by these nations
and their tributaries, and that the expense of New
York in defending and protecting them ought in
equity to be reimbursed by this exclusive advantage.
The original title of New York is indeed drawn from
the charter to the Duke of York in 1663–4, renewed
after the treaty of Westminister in 1674. But this
charter will not, I believe, reach any territory claimed
by Virginia.
Much stress will also be laid on the treaty of Fort
Stanwix, particularly as a bar to any corroboration
of the claim of Virginia from the treaties of Lancaster
and Loggstown. It is under this treaty that the
companies of Indiana and Vandalia shelter their pretensions
against the claims of Virginia, &c. &c. See
the pamphlets entitled "Public Good" and "Plain
Facts." As these pretentions can be of no avail,
unless the jurisdiction of Congress, or New York at
least, can be established, they no otherwise deserve
notice than as sources of calumny and influence in
the public councils; in both which respects it is
the interest of Virginia that an antidote should be
applied.
| The writings of James Madison, | |