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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JULY 6—LOCATION OF THE CAPITAL. |
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 | The writings of James Madison, |  |
JULY 6—LOCATION OF THE CAPITAL.
Mr. Madison.—In order to decide this question rightly, we
ought to compare the advantages and disadvantages of the
two places as they relate to the good of the United States.
with respect to Baltimore, to point out any substantial advantage
that is not common to the Potomac; and I defy him
to disprove that there are not several important advantages
The committee have had ample information with
respect to the Northern and Southern positions of the two
pretensions of Baltimore, the Potomac is at least equally
favored in that respect. In regard to centrality of situation,
security from invasion, I aver the Potomac has the advantage
also. With relation to the Western country, there is not a
Baltimore, why not an equal distance southwest to the
Potomac? Those who are acquainted with the country on
the Potomac, and that in the neighborhood of Baltimore, do
true, that Baltimore has respectable resources; her rapid
growth is a clear proof of it; but look at the resources of the
Potomac, the great range of rich country that borders on
time, produce a commercial town. Sir, a period might be
named, not exceeding ten years, within which the town of
Baltimore obtained the greater part of its increase and
effects on the Potomac, because the same causes exist; and
when, super-added to this, the residence of Government shall
accommodation that can be desired.
It is said, that before the ten years expire, a repeal of the
But what more can we do than pass a law for the purpose?
It is not in our power to guard against a repeal. Our acts are
not like those of the Medes and Persians, unalterable. A repeal
is a thing against which no provision can be made. If
that is an objection, it holds good against any law that can be
passed. If those States that may have a superiority in Congress
at a future day will pay no respect to the acts of their
predecessors, or to the public good, there is no power to
compel them.
But I flatter myself that some respect will be paid to the
As to centrality, the best evidence we have at this time in
favor of the Potomac is the different travelling of the members;
and this, sir, proves incontestably that the proposed
place on the Potomac is near the centre. If any arguments
could be brought against it, it is its being too far to the Northward,
for the mileage south of the Potomac is twelve thousand
seven hundred and eighty-two miles, to the north of it
twelve thousand four hundred and twenty-two miles. If to
this Rhode Island be added, it will not be more than equal.
If the bill once passes, I am not under any apprehensions of a
against which we cannot guard. Sir, we should calculate on
accepting the bill as it now stands; we ought not to risk it
by making any amendment. We have it now in our power
to procure a Southern position. The opportunity may not
again speedily present itself. We know the various and
jealous interests that exist on this subject. We should hazard
nothing. If the Potomac is struck out, are you sure of getting
Baltimore? May no other place be proposed? Instead of
Baltimore, is it not probable we may have Susquehanna inserted,
perhaps the Delaware? Make any amendment, sir,
and the bill will go back to the Senate. Are we sure that it
will come back into our possession again? By amending, we
give up a certainty for an uncertainty. In my opinion, we
shall act wisely, if we accept the bill as it now stands, and I
beg leave to press it on gentlemen not to consent to any alteration,
lest it be wholly defeated and the prospect of obtaining
a Southern position vanish for ever.[3]
TO JAMES MONROE.
Dear Sir,—You will find by one of the Gazettes herewith sent, that
the bill fixing the permanent seat of Government on the Potowmac,
and the temporary at Philadelphia, has got through the Senate. It
passed by a single voice only, Izzard and Few having both voted
against it. Its passage through the House of Representatives is probable,
but attended with great difficulties. If the Potowmac succeeds,
even an these terms, it will have resulted from a fortuitous coincidence
of circumstances which might never happen again.[4]
The provision for the public debt has been suspended for some time
in the Senate by the question relating to the seat of Government. It
is now resumed in that House, and it is to be hoped will soon be
brought to an issue. The assumption sleeps, but I am persuaded will
be awakened on the first dawn of a favorable opportunity. It seems,
indeed, as if the friends of the measure were determined to risk everything
than suffer that finally to fail.
We hear nothing further of the controversy between England and
Spain.
TO JAMES MADISON.
I have recd your's of the 9th. inclosing a letter for Mr. Chew which I
shall forward as you desire.
As far as I have had an opportunity of inquiring I do not find that
Coffee can be got here on terms that will make it worth while to prefer
it to what can be got in Virginia. The price of brown sugar I have
not yet learnt but will attend to your request on that subject.
The funding bill has at length passed the two Houses with a qualified
assumption of the state debts. 2/3 of the federal debt are to bear an
immediate interest of 6 per ct. and the remaining 1/3 a like interest to
commence in 1800, but in the mean time to be receivable for land.
The indents & arrears of interest are funded at 3 per Ct. of the state
debts 2/3 are funded at 6 per ct. & at 3 per Ct. The assumption was carried
by a small majority in both Houses. Many who voted for it did
so on a supposition that it was a lesser evil than to risk the effect of a
rejection on the states which insisted on the measure. I could not bring
myself to concur with them, but am sensible that there was serious danger
of a very unfavorable issue to the Session from a contrary decision,
and consider it as now incumbent on us all to make the best of what is
done. The truth is that in a pecuniary light, the assumption is no
longer of much consequence to Virginia, the sum allotted to her being
about her proportion of the whole, & rather exceeding her present
debt. She will consequently pay no more to the general Treasury
than she now pays to the State Treasy. and perhaps in a mode which
will be less disagreeable to the people, tho not more favorable to their
true interests.
The Ways & means are now under consideration. The impost will
be made equal to the federal debt. The provision for the State debts
will be put off till the next session. It will be likely to consist chiefly
of duties on rum distilled in the U.S. and on a few imported articles
that will best bear a further augmentation.
We expect that an adjournment will take place in about a week. I
shall set out for Virginia as soon thereafter as I can pack up my books
papers &c. which will detain me here some days. Mr. Jefferson wishes
me to wait for his setting out and as his company will be particularly
grateful & also convenient I am not sure that I shall resist the invitation,
if he finds that he can be ready for the Journey within a reasonable
time. I shd. not hesitate, if I did not wish to be in Orange by the
election, tho' as an attendance cannot be given at more than one of
the 8 Counties, it does not seem worth while to sacrifice much, to that
consideration.—Mad. MSS.
TO JAMES MADISON.
Cong. not having closed their Session till the day before yesterday,
and the weather being extremely hot, I have thought it necessary in
order to avoid the danger of a bilious attack to which I am become
very subject, to wait here a few weeks which will render the journey
more safe, and afford me moreover the pleasure of Mr. Jeffersons company
quite to Orange. This resolution puts it out of my power to be
within the district by the time of the election, and makes it proper
that I should intimate the cause of it to a friend in each County. The
inclosed are part of the letters written for that purpose.[13]
I fear the
time may be short for conveying them, but hope opportunities may be
found. The letter which is not directed is meant for each one of the
gentlemen in Louisa, as you and my brother A. may think most proper
Should the High Sheriff be not improper, perhaps it would be as well
for you to address it to him. Perhaps also my brother Ambrose may
find it convenient to be at the Election in Louisa. The Letter for Col:
Pendleton will be best in the hands of my brother William who I presume
will attend in Culpeper. Two of the letters being unsealed I
refer to their contents, remaining your afft. son.
N. B. I have recd. the letter for Mr. Jos. Chew &c.—Mad. MSS.
The Session of Congs. was called yesterday. The list of acts inclosed
will give you a general idea of what has been done. The subjects
which conduced most to the length of the Session are the assumption
of the State debts, and the Seat of Government. The latter has been
decided in a manner more favorable to Virginia than was hoped.
The former will be less acceptable to that State. It has however been
purged of some of its objections and particularly of its gross injustice
to Virginia, which in a pecuniary view is little affected one way or the
other.
The Continental debt, as funded, is provided for by the impost
alone and a surplus of about a million of dollars, which will have
accumulated prior to the first payment of interest, is allotted to the
purpose of reducing, by buying up, the principal. The provision for
the State debts assumed is to be the work of the next Session in December.
It will be made, as far as can be inferred from the ideas now
prevalent, under the influences of a strong zeal to avoid direct taxes.
The Eastern States being even more averse to that mode of revenue
than the Southern, and in my judgment, with much more reason.
It was my purpose to have been within the district before the Election;
but the length of the Session has disappointed me. By pushing
directly on I might indeed now affect it. But it would be at the risk
of my health, which is not at present very firm, and would be particularly
exposed on a long & rapid journey at this season of the
year. I shall consequently remain in this place for a few weeks presuming
that the circumstance of my being present or absent will weigh
little with my constituents in deciding whether they will again confide
their interests to my representation—
Your mo: obedt. hble St.
find its way to the press.
- A. Rose
- G. Paine
- T. Underwood
- G. Thomson
- W. C. Nicholas
- G. Gilmer
of Louisa - Mann Page Esq.
- Js. Pendleton Esq.—Mad. MSS.
TO JAMES MADISON.
We arrived here yesterday was a week without any occurrence on
the road worth mentioning. The President arrived yesterday & the
members are coming in for Congress. I have made inquiry with regard
to the articles you want, and send you the inclosed paper which
will give you information not only with respect to them, but all others
in the market here. The high price of sugar makes it advisable I
think not to purchase at present. Coffee seems low enough but I do
not see any probability of a rise that will be more than equivalent to
the loss of the money vested in an article stored away. I shall however
await your instructions on this point as well as others; or if I should
meet with a bargain on account either of cheapness or quality, perhaps
embrace it for you.
The price of securities at which Majr. Moore's certificates would have
been sold is 12/6 in the pound, at which of course you are to settle
with him. I have forwarded his letter to his son John, with 3 half
Jos. & notice of the fund in my hands for him. Of this you will inform
my Uncle.
I hope this will find all well and my bro'r Ambrose restored. Tell
him I shall expect to hear often from him as well as yourself. I hope
you have not forgotten to pay Majr. Lee, and that Robin & the will
have given Sawney the aids necessary for the jobb I left unfinished.
With my love to my mother & regards for the family I remain your
afft. son.—Mad. MSS
TO EDMUND PENDLETON.
Previous to my leaving N. Y., I recd. a letter from you which was
not then answered, because the subject of it required more consideration
than could then be spared and because an answer was not prompted
by anything agitated or proposed on the subject in Congress. I am
afraid that notwithstanding the interval which has passed I am still
not sufficiently prepared to do justice to your queries, some of which
are of a delicate, and all of which are of an important nature. I am
however the less concerned on this account, as I am sure that your
own reflections will have embraced every idea, which mine, if ever so
mature, could have suggested.
Your first quere is, are the words of the Treaty "there shall be no
legal impediment to the bona fide recovery of debts on either side,"
a law of repeal, or a covenant that a law of repeal shall be passed?
As Treaties are declared to be the supreme law of the land, I should
suppose that the words of the treaty are to be taken for the words of
the law, unless the stipulation be expressly or necessarily executory,
which does not in this instance appear to be the case.
"Was not the contrary the sense of the Congress who made the
Treaty, when they called on the States to repeal the several laws containing
such impediments?" As well as I recollect, the Act of Congress
on that occasion supposed the impediments to be repealed by the
Treaty, and recommended a repeal by the States, merely as declaratory
and in order to obviate doubts and discussions. Perhaps too, on a
supposition that a legal repeal might have been necessary previous to
the new Constitution, it may be rendered unnecessary by the terms of
this instrument above quoted, which seem to give a legal force to the
Treaty.
"Admitting the treaty to be a law of repeal, what is the extent of
it? does it repeal all acts of limitation, & such as regulate the modes
of proving debts?" This question probably involves several very
nice points, and requires a more critical knowledge of the state of the
American laws, the course of legal proceedings, and the circumstances
of the British debts, than I possess. Under this disadvantage, I am
afraid to say more than that the probable intention of the parties, and
the expression "bona fide recovery of debts," seem to plead for a
liberal & even favorable interpretation of the article. Unless there be
very strong and clear objections, such an interpretation would seem
to require that the debts should be viewed as in the State in which the
original obstacles to their recovery found them, so far at least as the
nature of the case will permit.
"What is meant by the Supreme law as applied to treaties? is it
like those of the Medes & Persians unalterable? or may not the contracting
powers annul it by consent? or a breach on one side discharge
the other from an obligation to perform its part?" Treaties as I
understand the Constitution are made Supreme over the Constitutions
and laws of the particular States, and, like a subsequent law of the
U. S., over pre-existing laws of the U. S, provided however that the
Treaty be within the prerogative of making Treaties, which no doubt
has certain limits.
That the contracting powers can annul the Treaty, cannot I presume,
be questioned, the same authority precisely being exercised in
annulling as in making a Treaty.
That a breach on one side (even of a single article, each being considered
as a condition of every other article) discharges the other, is as
little questionable; but with this reservation, that the other side is at
liberty to take advantage or not of the breach, as dissolving the Treaty.
Hence I infer that the Treaty with G. B., which has not been annulled
by mutual consent, must be regarded as in full force, by all on whom
its execution in the U. S. depends, until it shall be declared by the
party to whom a right has accrued by the breach of the other party to
declare, that advantage is taken of the breach, & the Treaty is annulled
accordingly. In case it should be advisable to take advantage of the
adverse breach, a question may perhaps be started, whether the power
vested by the Constitution with respect to Treaties in the President &
Senate, makes them the competent Judges, or whether, as the Treaty
is a law the whole Legislature are to judge of its annulment, or whether
in case the President & Senate be competent in ordinary Treaties, the
Legislative authority be requisite to annul a Treaty of peace, as being
equivalent to a Declaration of War, to which that authority alone, by
our Constitution, is competent.
Mr. White tells me he has sent you a copy of Col: Hamilton's plan
of a Bank, I do not therefore inclose one, I augur that you will not
be in love with some of its features. Mr. Randolph's Report on the
Judiciary is not yet printed. I know that a copy is allotted for you.
The report of the ways means from the Treasury Dept. for the as
sumed debt, has been, in the Newspapers & has I presume found its
way to you thro' that channel. There are objections of different sorts
to the proposed mode of revenue. But as direct taxes wd. be still more
generally obnoxious, and as imports are already loaded as far as they
will bear, an excise is the only resource, and of all articles, distilled
spirits are least objectionable. Indeed the duty imposed on imported
rum, forces, a proportional duty on Country rum, and from the latter
a duty on other spirits distilled at home results of course. There is of
consequent scarce an option.
The Militia bill and a plan for disposing of the Public lands have
been under consideration for some time, and have made some progress;
but are not in a state as yet from which their final shape can be decided,
The Senate have before them the Bank, the report of the Secy. of
State on weights & measures, and the case of Kentucky. This last
subject has experienced no other difficulties than what proceeded from
some little scruples concerning punctilios in the transition from the
old to the new station of the District. I understand from Col: Monroe,
that the Senate are really disposed to forward the object. Vermont
will probably soon follow, and may even be a member of the Union,
before the period to which the law of Virginia postpones the actual
admission of Kentucky.
The Gazette of last evening contains the following paragraph under
the Philada head—"By an Express which arrived this afternoon at
the Post office from Lewistown, near the Capes of Delaware, we have
recd. letters from London down to the 4th of November, The following
letter will convey important intelligence to the American Public:
Copy of a letter recd by the Lord Mayor of London front the Duke of Leeds.
I have the honour to acquaint your Lordship that the Messenger
Dressin arrived here this morning with despatches from Mr. Fitzherbert,
Ambassador at the Court of Madrid, dated Sunday, 24 Octobr.
containing an account that a convention for terminating the differences
which had arisen with that Court had been agreed upon between
his Excellency on the part of his Majesty, and the Ct. de Florida Blanca,
on the part of the Catholic King; and that the Convention was to be
signed and exchanged by those Ministers the 27 of the same month.
London, 4 Novr. (Signed) Leeds
From this extract it may be concluded, unless there be a forgery
not to be suspected, that the question which has been so long depending
between G. B. & Spain has issued in peace.
The date of my letter reminds me of the compliments which belong
to the Season. I offer them with the sincerest wish that they may
yet often be repeated to you, and that the state of health in which this
will find you may promise that satisfaction to all your friends, among
whom no one will enjoy it in a higher degree than,
| The writings of James Madison, | |