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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.

MAD. MSS.

Dear Sir,—Your last favor which was of the 25th.
of April, has already been acknowledged. My last
inclosing a letter from Mrs. Carr, was dated a few
days ago only. It was put into the hands of Mosr.
Chevalier who has gone to N. York, whither I shall
forward this to his care. He is to embark in the
packet which will sail on the 15th. inst: The recommendation
from the meeting at Annapolis of a plenipotentiary
Convention in Philada. in May next has
been well reced. by the Assembly here. Indeed


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the evidence of dangerous defects in the confederation
has at length proselyted the most obstinate adversaries
to a reform. The unanimous sanction
given by the Assembly to the inclosed compliance[88]
with the Recommendation marks sufficiently the revolution
of sentiment which the experience of one year
has effected in this Country. The deputies are not
yet appointed. It is expected that Genl. Washington,
the present Govr. E. Randolph, Esqr. & the late one
Mr. Henry, will be of the number.[89]

The project for bartering the Missipi to Spain was
brought before the Assembly after the preceding
measure had been adopted. The report of it having
reached the ears of the Western Representatives, as
many of them as were on the spot, backed by a number
of the late officers, presented a memorial, full of
consternation & complaint; in consequence of which
some very pointed resolutions by way of instruction
to the Delegates in Congs. were unanimously entered
into by the House of Delegates. They are now before


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the Senate who will no doubt be also unanimous
in their Concurrence.

The question of paper money was among the first
with which the Session opened. It was introduced
by petitions from two Counties. The discussion was
faintly supported by a few obscure patrons of the
measure, and on the vote it was thrown out by 85
vs 17. A petition for paying off the public securities
according to a scale of their current prices, was unanimously
rejected.

The consideration of the Revised Code has been
resumed & prosecuted pretty far towards its conclusion.
I find however that it will be impossible as
well as unsafe to give an ultimate fiat to the System
at this session. The expedient I have in view is to
provide for a supplemental revision by a comtee
who shall accommodate the bills skipped over, and
the subsequent laws, to such part of the code as has
been adopted, suspending the operation of the latter
for one year longer. Such a work is rendered indispensable
by the alterations made in some of the bills
in their passage, by the change of circumstances
which call for corresponding changes in sundry bills
which have been laid by, and by the incoherence between
the whole code & the laws in force of posterior
date to the code. This business has consumed
a great deal of the time of two Sessions, and has
given infinite trouble to some of us. We have never
been without opponents who contest at least every
innovation inch by inch. The bill proportioning
crimes & punishments on which we were wrecked


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last year, has after undergoing a number of alterations,
got thro' a Committee of the whole; but it has
not yet been reported to the House, where it will
meet with the most vigorous attack. I think the
chance is rather against its final passage in that
branch of the Assembly, and if it should not miscarry
there, it will have another gauntlet to run through the
Senate.

The bill on the subject of Education which could
not safely be brought into discussion at all last year,
has undergone a pretty indulgent consideration this.
In order to obviate the objection from the inability of
the Country to bear the expence, it was proposed that
it should be passed into a law, but its operation
suspended for three or four years. Even in this
form however there would be hazard in pushing it
to a final question, and I begin to think it will be
best to let it lie over for the supplemental Revisors,
who may perhaps be able to put it into
some shape that will lessen the objection of expence.
I should have no hesitation at this policy
if I saw a chance of getting a Committee equal to
the work of compleating the Revision. Mr. Pendleton
is too far gone to take any part in it. Mr.
Wythe I suppose will not decline any duty which
may be imposed on him, but it seems almost cruel
to tax his patriotic zeal any farther. Mr. Blair is
the only remaining character in which full confidence
could be placed.

The delay in the administration of Justice from the
accumulation of business in the Genl Court, and despair


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of obtaining a reform according to the Assize
plan, have led me to give up this plan in favor of
district Courts; which differ from the former in being
clothed with all the powers of the Genl Court within
their respective districts. The bill on the latter plan
will be reported in a few days and will probably tho'
not certainly be adopted.

The fruits of the impolitic measures taken at the
last Session with regard to taxes are bitterly tasted
now. Our Treasury is empty, no supplies have gone
to the federal treasury, and our internal embarrassments
torment us exceedingly. The present Assembly
have good dispositions on the subject, but some time
will elapse before any of their arrangements can be
productive. In one instance only the general principles
of finance have been departed from. The
specie part of the tax under collection is made payable
in Tobo. This indulgence to the people as it is called
& considered was so warmly wished for out of doors,
and so strenuously pressed within that it could not be
rejected without danger of exciting some worse project
of a popular cast. As Tobo. alone is made commutable,
there is reason to hope the public treasury
will suffer little if at all. It may possibly gain.

The Repeal of the port bill has not yet been attempted.
Col. Mason has been waited for as the hero
of the attack. As it is become uncertain whether he
will be down at all, the question will probably be
brought forward in a few days. The repeal were he
present would be morally certain. Under the disadvantage
of his absence it is more than probable. The


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question of British debts has also awaited his patronage.
I am unable to say what the present temper is on
that subject, nothing having passed that could make
trial of it. The repeated disappointments I have sustained
in efforts in favor of the Treaty make me extremely
averse to take the lead in the business again.

The public appointmts. have been disposed of as follows:
The contest for the chair lay between Col.
Bland & Mr. Prentis. The latter prevailed by a
majority of near 20 votes. Mr. Harrison the late
Speaker lost his election in Surry which he represented
last year; and since has been equally unsuccessful
in his pristine County Charles City where he
made a second experiment. In the choice of a Governor
Mr. E. Randolph had a considerable majority
of the whole on the first ballot. His competitors
were Col. Bland & R. H. Lee, each of whom had between
20 & 30 votes. The delegation to Congs. contained
under the first choice Grayson, Carrington, R.
H. Lee, Mr. Jones & myself. Col. H. Lee of the
last delegation was dropt. The causes were different
I believe & not very accurately known to me.
One of them is said to have been his supposed heterodoxy
touching the Missippi. Mr. Jones has since
declined his appointmt., & Col. Lee has been reinstated
by an almost unanimous vote. A vacancy in
the Council produced by the Resignation of Mr.
Roane is filled by Mr. Bolling Starke. Cyrus Griffin
was a candidate but was left considerably in the rear.
The Attorney Generalship has been conferred on Col.
Innes. Mr. Marshall had a handsome vote.


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Our summer & fall have been wet beyond all imagination
in some places, and much so everywhere.
The crops of corn are in general plentiful The price
up the country will not exceed 8s or 10s. In this
district it is scarcest & dearest, being already as high
as 12s or 15s. The crop of Tobo. will fall short considerably
it is calculated of the last year's. The
highest & lowest prices in the Country of the new
crop are 25s & 20s. A rise is confidently expected.

My next will be from N. Y. whither I shall set out
as soon as the principal business of the Session is
over. Till my arrival there I postpone communications
relative to our national affairs, which I shall
then be able to make on better grounds, as well as
some circumstances relative to the affairs of this State,
which the hurry of the present opportunity restrains
me from entering into.

Adieu.
 
[88]

"Resolved unanimously, That an act ought to pass, in conformity to the report
of the Commissioners assembled at Annapolis on the 14th of September
last, for appointing Commissioners on the part of this State, to meet Commissioners
on the part of the other States, in Convention at Philadelphia, on the
second Monday in May next, with powers to devise such further provision as
shall appear to them necessary to render the constitution of the federal government
adequate to the exigencies of the Union; and to report such an act for
that purpose to the United States in Congress assembled, as when agreed to by
them, and afterwards confirmed by the Legislature of every State, will effectually
provide for the same."

The resolution was written by Madison. The copy enclosed was contained
in a newspaper clipping.

[89]

Henry refused to serve. The full Virginia delegation consisted of Madison,
Wythe, Randolph, Mason, Blair and McClurg.