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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
  
  
  
 II. 
  

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
TO THOMAS JEFFERSON.
  
  
  

TO THOMAS JEFFERSON. [104]

Dear Sir,—Congress have agreed to Mr. Jay's
report on the treaty of peace, and to an address
which accompanies it. Copies of both will no doubt
be sent you from his Department. The Legislature
of this State, which was sitting at the time, and on
whose account the acts of Congress were hurried
through, has adjourned till January next, without
deciding on them. This is an ominous example to
the other States, and must weaken much the claim
on Great Britain of an execution of the treaty on her
part, as promised in case of proper steps being taken
on ours. Virginia, we foresee, will be among the
foremost in seizing pretexts for evading the injunctions
of Congress. South Carolina is not less infected
with the same spirit. The present deliberations of


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Congress turn on, first, the sale of the Western lands;
secondly, the government of the Western settlements
within the Federal domain; thirdly, the final settlement
of the accounts between the Union and its
members; fourthly, the treaty with Spain.

    1.

  • Between six and seven hundred thousand acres
    have been surveyed in townships, under the land
    ordinance, and are to be sold forthwith. The place
    where Congress sit is fixed for the sale. Its eccentricity,
    and remoteness from the premises, will, I
    apprehend, give disgust. On the most eligible plan
    of selling the unsurveyed residue, Congress are much
    divided; the Eastern States being strongly attached
    to that of townships, notwithstanding the expense
    incident to it; the Southern being equally biassed in
    favor of indiscriminate locations, notwithstanding the
    many objections against that mode. The dispute
    will probably terminate in some kind of compromise,
    if one can be hit upon.

  • 2.

  • The government of the settlements on the Illinois
    and Wabash is a subject very perplexing in
    itself, and rendered more so by our ignorance of
    many circumstances on which a right judgment depends.
    The inhabitants at those places claim protection
    against the savages, and some provision for
    both criminal and civil justice. It appears also that
    land-jobbers are among them, who are likely to
    multiply litigations among individuals, and, by collusive
    purchases of spurious titles, to defraud the
    United States.

  • 3.

  • The settlement of the public accounts has long


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    been pursued in varied shapes, and with little prospect
    of success. The idea which has long been
    urged by some of us, seems now to be seriously embraced,
    of establishing a plenipotentiary tribunal for
    the final adjustment of the mutual claims, on the
    great and simple principle of equity. An ordinance
    for this purpose has been reported by the Treasury
    Board, and has made some progress through Congress.
    It is likely to be much retarded by the thinness
    of Congress, as indeed is almost every other
    matter of importance.

  • 4.

  • The Spanish negotiation is in a very ticklish
    situation. You have been already apprized of the
    vote of seven States last fall for ceding the Mississippi
    for a term of years. From sundry circumstances
    it was inferred that Jay was proceeding
    under this usurped authority. A late instruction to
    him to lay the state of the negotiation before Congress
    has discovered that he has adjusted with
    Guardoqui an article for suspending the use of the
    Mississippi by the citizens of the United States.
    The report, however, leaves it somewhat doubtful
    how far the United States are committed by this
    step, and a subsequent report of the Secretary on
    the seizure of Spanish property in the Western
    country, and on information of discontents touching
    the occlusion of the Mississippi, shews that the
    probable consequences of the measure perplex him
    extremely. It was nevertheless conceived by the
    instructed delegations to be their duty to press a
    revocation of the step taken, in some form which


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    would least offend Spain, and least irritate the patrons
    of the vote of seven States. Accordingly a motion
    was made to the following effect—that the present
    state of the negotiation with Spain, and of the affairs
    of the United States, rendered it expedient that you
    should proceed, under a special commission, to Madrid,
    for the purpose of making such representations
    as might at once impress on that Court our friendly
    disposition and induce it to relax on the contested
    points; and that the proper communications and
    explanations should be made to Guardoqui relative
    to this change in the mode of conducting the negotiation.
    This motion was referred to Mr. Jay, whose
    report disapproves of it. In this state the matter
    lies. Eight States only being present, no effective
    vote is to be expected. It may, notwithstanding, be
    incumbent on us to try some question which will at
    least mark the paucity of States who abet the obnoxious
    project. Massachusetts and New York alone, of
    the present States, are under that description; and
    Connecticut and New Hampshire alone of the absent.
    Maryland and South Carolina have hitherto been on
    the right side. Their future conduct is somewhat
    problematical. The opinion of New Hampshire is
    only conjectured. The conversion of Rhode Island
    countenances a hope that she too may, in this instance,
    desert the New England standard.

The prospect of a full and respectable Convention
grows stronger every day. Rhode Island alone has
refused to send Deputies. Maryland has probably
appointed by this time. Of Connecticut alone doubts
are entertained. The anti-federal party in that State


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is numerous and persevering. It is said that the
elections which are now going on are rather discouraging
to the advocates of the Convention.
Pennsylvania has added Dr. Franklin to her deputation.
There is some ground to calculate on the
attendance of General Washington. Our Governor,
Mr. Wythe, Mr. Blair, and Col Mason will pretty
certainly attend. The last, I am informed, is renouncing
his errors on the subject of the Confederation,
and means to take an active part in the amendment
of it. Mr. Henry pretty soon resigned the undertaking.
General Nelson was put into his place, who
has also declined. He was succeeded by Mr. R. H.
Lee, who followed his example. Doctor M'Clurg
has been since appointed, and as he was on the spot
must have been previously consulted.

 
[104]

From the Madison Papers (1840).