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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.
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TO JOSEPH JONES.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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TO JOSEPH JONES.[1]

Dear Sir,—The post having failed to arrive this
week, I am deprived of the pleasure of acknowledging
a line from you.

Congress have at length been brought to a final
consideration of the clause relating to Indian purchases,
[by the land companies.] It was debated
very fully and particularly, and was, in the result,
lost by a division of the House. Under the first
impression of the chagrin, I had determined to propose
to my colleagues to state the whole matter to
the Assembly, with all the circumstances and the


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reasonings of the opponents to the measure; but, on
cooler reflection, I think it best to leave the fact in
your hands, to be made use of as your prudence may
suggest. I am the rather led to decline the first
determination, because I am pretty confident, that,
whatever the views of particular members might be,
it was neither the wish nor intention of many who
voted with them, to favor the purchasing companies.
Some thought such an assurance from Congress
unnecessary, because their receiving the lands from
the States as vacant and unappropriated, excluded all
individual claims, and because they had given a
general assurance that the cession should be applied
to the common benefit. Others supposed that such
an assurance might imply, that without it Congress
would have a right to dispose of the lands in any
manner they pleased, and that it might give umbrage
to the States claiming an exclusive jurisdiction over
them. All that now remains for the ceding States
to do, is to annex to their cessions the express condition,
that no private claims be complied with by
Congress. Perhaps it would not be going too far,
by Virginia, who is so deeply concerned, to make it a
condition of the grant, that no such claim be admitted
even within the grants of others, because, when they
are given up to Congress, she is interested in them
as much as others, and it might so happen, that the
benefit of all other grants, except her own, might be
transferred from the public to a few landmongers. I
cannot help adding, however, that I hope this incident
in Congress will not discourage any measures of the

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Assembly, which would otherwise have been taken
[for the object] of ratifying the Confederation.
Under the cautions I have suggested, they may still
be taken with perfect security.

Congress have promoted Col. Morgan to the rank
of a Brigadier, on the representations in favor of it
from Governors Rutledge, and Jefferson, and General
Gates. The latter is directed to be made a subject
of a Court of Inquiry, and General Washington is to
send a successor into the Southern department. The
new arrangement of the army, sent to the General
for his revision, has brought from him many judicious
and valuable observations on the subject, which, with
the arrangement, are in the hands of a committee.

 
[1]

From the Madison papers (1840).