The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
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TUESDAY 12 NOVR. |
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 | The writings of James Madison, |  |
TUESDAY 12 NOVR.
The reappointment of Mr. Jefferson as Minister Plenipo: for
negotiating peace was agreed to unanimously and without a single
adverse remark.[4]
The act took place in consequence of its being
sentiments of Mr. J. with regard to public life, & that all the
reasons which led to his original appointment still existed and
indeed, had acquired additional force from the improbability that
Mr. Laurens would actually assist in the negotiation.
"A motion was made by Mr. Rutledge declaring that when a
matter was referred to any of the departments to take order, it was
the sense & meaning of Congress that the same should be carried
into execution." On this motion some argued that such reference
amounted to an absolute injunction, others insisted that it gave
authority, but did not absolutely exclude discretion in the Executive
Departments. The explanation that was finally acquiesced
in as most rational & conformable to practice was that it not only
gave authority, but expressed the sense of Congress that the
measure ought to be executed: leaving it so far however in the
discretion of the Executive Department, as that in case it differed
in opinion from Congress it might suspend execution & state the
objections to Congress that their final direction might be given.
In the course of debate it was observed by Mr. Madison that the
practice of referring matters to take order, especially where money
was to be issued, was extremely exceptionable inasmuch as no
entry of such proceedings was made on the Journals, but only
noted in a memorandum book kept by the Secretary, and then
sent to the Department with the reference to take order indorsed
by the Secy. but not signed by him. So that the transaction even
where public in its nature, never came before the public eye, & the
Dept was left with a precarious voucher for its justification. The
motion was in the end withdrawn, the mover alledging that as he
only aimed at rendering an uncertain point clear, & this had heen
brought about by a satisfactory explanation, he did not wish for
any Resolution on the subject.
Madison sent the resolution to Edmund Randolph November 12th:
"Resolved
"That the appointment of T. Jefferson Esqr as a Minist: for nego:
peace made on the day be & the same is hereby renewed: & that on his
acceptance thereof he be invested with all the powers & subject to all the instructions
which have been or may be issued by Congress to the Min's [torn] for nego:
peace, in the same manner as if his original appt. had taken-effect.
"This Resolution passed a few minutes ago I sent you a line for the post
but I fear too late This catches Docr. Tucker in the street proceeding by the
State House. You will let it be known to Mr. J. as quickly as secrecy will
admit. An official notification will follow by the first oppy. This will prepare
him for it: It passed unan: & witht. a single remark adverse to it. On this
subjt. again by the post next week or by Col: B. if earlier
Adieu"
November 14th, he wrote again:
"By a line dropped from the post, tho' perhaps too late to get into the mail,
and by another by Dr. Tucker who soon followed, I informed you of the reappointment
of Mr. Jefferson, that the act passed unanimously & without even
an unfavorable remark. Col. Bland by whom this goes, conveys an official notification
from Mr. Livingston under cover to Col. Monroe. As you will probably
in consequence of it, if not before have an interview with Mr. [J.], no observations
on the subject are necessary. I confide in his acceptance and flatter myself
with the pleasure of soon seeing him in Philada.
"I inclose you the late papers which are very barren, but contain everything
which falls under the head of news." Mad, MSS.
| The writings of James Madison, | |