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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.
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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WEDNESDAY DECR 4.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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WEDNESDAY DECR 4.

After the passing of the Resolution concerning Cap: P. Jones,[12]


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a motion was made by Mr. Madison to reconsider the same, that
it might be referred to the Agent of Marine to take order, as a better
mode of answering the same purpose; since it did not become
the sovereign body to give public sanction to a recommendation
of Capt: Jones to the Commander of the French Squadron,
especially as there was no written evidence that the latter had signified
a disposition to concur in the project of Capt: Jones. The
motion was lost; a few States only being in favor of it.

The reason assigned by those who voted against the promotion
of Col:s to Brigads. according to districts was that such a division
of the U. S. tends to foster local ideas, and might lead to a
dismemberment.

The Delegates from Penna reminded Congress that no answer
had been given to the memorials (see Novr 20) from that State
that the Legislature were proceeding in the measure intimated in
the said memorials and that they meant to finish it & adjourn this
evening.[13] The reasons mentioned by the Delegates as prevailing


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with the Legislature were 1st., the delay of Congress to give an
answer which was deemed disrespectful 2d. the little chance of any
funds being provided by Congress for their internal debts; 3dly,
the assurance (given by one of their members Mr. Jos Mont—g—y,
mentioned privately not on the floor) that no impediment to the
support of the war cd arise from it, since Congress had provided
means for that purpose in Europe.

A Committee consisting of Mr. Rutledge Mr. Madison & Mr.
Hamilton was appointed to confer immediately with a Committee
from the Legislature on the subject of the Memorials & were instructed
to make such communications relative to our affairs
abroad as would correct misinformations. The comittee which
met them on the part of the Legislature, were Mr. Jos: Montgomery,
Mr. Hill & Mr. Jacob Rush.

The Committee of Congress in the conference observed that
the delay of an answer had proceeded in part from the nature of
so large an assembly of which the Comittee of the Legislature
cd not be insensible, but principally from the difficulty of giving
a satisfactory one until Rhode Island sd accede to the Impost of


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5 Per Ct. of which they had been in constant expectation; that
with respect to the prospect from Congress for the public Creditors
Congress had required of the States interest for the ensuing
year, had accepted the territorial Cession of N. Y. and meant
still to pursue the scheme of the impost; that as to their affairs
in Europe the loan of 6 Millions of livres only last year had been
procured from France by Dr. Franklyn, in place of 12 asked by
him, the whole of which had been applied; that the loan of
5.000.000 Guilders opened by Mr. Adams had advanced to about
11/2 Million only and there seemed little progress to have been
made of late; that the application for 4 Million as part of the
estimate for the ensuing year was not founded on any previous
information in its favor but against every intimation on the subject,
& was dictated entirely by our necessities; so that if even no
part of the requisitions from the States sd be denied, or diverted,
the support of the war the primary object, might be but deficiently
provided for. That if this example which violated the
right of appropriation delegated to Congress by the federal Articles,
should be set by Pa, it would be both followed by other
States & extended to other instances; that in consequence, our
system of administration, and even our bond of Union wd be dissolved;
that the enemy would take courage from such a prospect
and the war be prolonged if not the object of it be endangered;
that our national credit would fail with other powers, & the loans
from abroad which had been our chief resource fail with it. That
an assumption by individual States of the prerogative of paying
their own Citizens the debts of the U. S. out of the money required
by the latter was not only a breach of the federal system
but of the faith pledged to the public Creditors; since payment
was mutually guaranteed to each & all of the Creditors [by] each
& all of the States; and that lastly it was unjust with respect to
the States themselves on whom the burden would fall not in proportion
to their respective abilities, but to the debts due to their
respective Citizens; and that at least it deserved the consideration
of Pa whether she would not be loser by such an arrangement.

On the side of the other Comittee it was answered that the
measure cd not violate the confederation, because the requisition


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had not been founded on a valuation of land; that it would not be
the first example, N. H. & N. Y. havg. appropriated money raised
under requisitions of Congress; that if the other States did their
duty in complying with the demands of Congress no inconvenience
would arise from it, that the discontents of the Creditors wd prevent
the payment of taxes; Mr. Hill finally asking whether it had
been considered in Congress how far delinquent States cd be
eventually coerced to do justice to those who performed their
part? To all which it was replied that a valuation of land had
been manifestly impossible during the war—that the apportionments
made had been acquiesced in by Pa, and therefore the
appropriation could not be objected to; that altho other States
might have set previous examples, these had never come before
Congress, & it wd be more honorable for Pa to counteract than to
abet them especially as the example from her weight in the Union
& the residence of Congress wd be so powerful, that if other States
did their duty the measure wd be superfluous; that the discontents
of the Creditors might always be answered by the equal
justice & more pressing necessity which pleaded in favor of the
army, who had lent their blood & services to their Country, and
on whom its defence still rested; that Congress unwilling to presume
a refusal in any of the States to do justice, cd not anticipate
it by a consideration of the steps wch such refusal might require,
& that ruin must ensue if the States suffered their policy to be
swayed by such distrusts. The Comittee appeared to be considerably
impressed with these remarks, & the Legislature suspended
their plan.

 
[12]

"Resolved, That the agent of marine be informed, that Congress having a
high sense of the merit and services of Capt. J. P. Jones, and being disposed to
favour the zeal manifested by him to acquire improvement in the line of his
profession, do grant the permission which he requests; and that the said agent
be instructed to recommend him accordingly to the countenance of his excellency
the Marquis de Vaudreuil." The committee making the report was composed
of Osgood, Madison and Hamilton.—Journals of Congress iv., 111.

[13]

Madison wrote to Edmund Randolph, Dec. 10, 1782. (Italics for cypher.)
"The Assembly of Penna have with much difficulty been prevailed on to
desist from a plan in which a part of the Requisition of Congress allotted for
other uses was to be appropriated to their Citizen Creditors of the U. S. The
consequences apprehended by Congress from such an example, and the probability
that the plan will be renewed at the next meeting unless some intermediate
provision be made for the Credit of the U. S., have produced two
Resolutions, 1st. an instruction to the Superintendt of Finance to represent to
the States the pernicious tendency of such unconstitutional appropriation;
2dly., a deputation of Mr. Osgood, Mr. Mifflin & Mr. Nash, to enforce on
Rhode I. the impost of 5 Per Ct. The latter Resolution besides its tendency to
the immediate end proposed by the first, was called for [by] the general pressure
of our necessities
. Our official letter incloses these Resolutions to the Executive,
and hazards some very free and alarming remarks for the legislature,
directly pointing to a fuller compliance with the impost. I have added a private
letter to the Governor which is still more explicit & pointed on the subject.
In the present situation of our Affairs, we did not think less would justify us
to ourselves or to our constituents.

"Mr. Harrison at Cadiz has advised the Secy of Foreign Affairs that the
British fleet under Admiral Howe had effected the relief of Gibralter, by
destroying the combined fleets from their station, & throwing in Succours,
before the weather would allow the latter to regain it. He says the British fleet
on the return was pursued by the Combined fleet. The Vessel by which the
letter came reports that she passed through the Combined fleet after she left
Cadiz, and that two Spanish Ships had been lost, one fallen into the hands of
the Enemy & the other chased on shore by them. Mr Harrison adds as a
more welcome Article that a detachment of Frigates &c. which had been sent
from Cape Francois for the demolition of the British Fortress on Hudson's
Bay had arrived in Europe with a report of complete success, having destroyed
& taken effects to the value of half a Million Sterlg.

"The Secy of F. A. has resigned his office in form, but will continue to act
for the present month to prevent an interregnum in the Department. The
19th instant is fixed for the choice of a Successor. None has yet been put in
nomination.

"By Mr. Jefferson's letter to the Office of F. A. and a private one to myself,
he may be expected here about the end of this month. It is improper therefore
to address anything to him.

"The Grand Committee have had another meeting on the subject mentioned
in a late letter. The Scheme of Mr. Fitz[simo]ns was adopted with the rates of
depreciation left blank. The ideas on this point varied from forty to one
hundred and and upwards for one."—Mad. MSS.
.