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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 GEORGE WASHINGTON.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

TO GEORGE WASHINGTON.

MAD. MSS.

Dear Sir,—Your favor of the 16th instant came
to hand too late on thursday evening to be answered
by the last mail. I have considered well the circumstances
which it confidentially discloses, as well as
those contained in your preceding favor.[91] The difficulties
which they oppose to an acceptance of the
appointment in which you are included can as little
be denied, as they can fail to be regretted. But I


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still am inclined to think that the posture of our
affairs, if it should continue, would prevent every
criticism on the situation which the contemporary
meetings would place you in; and that at least a
door could be kept open for your acceptance hereafter,
in case the gathering clouds became so dark &
menacing as to supersede every consideration but
that of our national existence & safety. A suspence
of your ultimate determination would be nowise inconvenient
in a public view, as the Executive are
authorised to fill vacancies; and can fill them at any
time; and, in any event, three out of seven deputies
are authorized to represent the State. How far it
may be admissible in another view, will depend perhaps
in some measure on the chance of your finally
undertaking the service; but principally on the correspondence
which is now passing on the subject between
yourself and the Governor.

Your observations on Tobacco as a commutable in
the taxes are certainly just & unanswerable. My acquiescence
in the measure was against every general
principle which I have embraced, and was extorted
by a fear that some greater evil under the name of
relief to the people would be substituted. I am far
from being sure however that I did right. The other
evils contended for have indeed been as yet parried,
but it is very questionable whether the concession in
the affair of the Tobo. had much hand in it. The
original object was paper money. Petitions for graduating
certificates succeeded. Next came instalments.
And lastly a project for making property a tender for


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debts at 4/5 of its value. All these have been happily
got rid of by very large majorities. But the positive
efforts in favor of Justice have been less successful.

A plan for reforming the administration in this branch
accommodated more to the general opinion than the
Assize plan got as far as the third reading, and was
then lost by a single vote. The Senate would have
passed it readily, and would have even added amendments
of the right complexion. I fear it will be some
time before this necessary reform will again have a
fair chance. Besides some other grounds of apprehension,
it may well be supposed that the Bill which
is to be printed for consideration of the public, will,
instead of calling forth the sanction of the wise &
virtuous, be a signal to interested men to redouble
their efforts to get into the Legislature. The Revenue
business is still unfinished. The present rage seems
to be to draw all our income from trade. From the
sample given of the temper of the House of Delegates
on this subject, it is much to be feared that the duties
will be augmented with so daring a hand, that we
shall drive away our trade instead of making it tributary
to our treasury. The only hope that can be indulged
is that of moderating the fury. The Port bill
was defended against a repeal by about 70 votes
against about 40. The revised code is not quite
finished and must receive the last hand from a succeeding
assembly. Several bills of consequence being
rendered unfit to be passed in their present form
by a change of circumstances since they were prepared,
necessarily require revision. Others as the


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Education bill &c are thought to be adapted only
to a further degree of wealth and population. Others,
as the Execution bill which subjects lands to debts,
do not find yet an adequate patronage. Several bills
also, and particularly the bill relating to crimes &
punishments, have been rejected, and require reconsideration
from another assembly. This last bill
after being purged of its objectionable peculiarities,
was thrown out on the third reading by a single vote.
It will little elevate your idea of our Senate to be
told that they negatived the bill defining the privileges
of ambassadors, on the principle, as I am told, that
an alien ought not to be put on better ground than
a citizen. British debts have not yet been mentioned,
and probably will not, unless Congress say
something on the matter before the adjournment.

With every sentiment of esteem &c &c.

 
[91]

Washington declined re-election to the presidency of the Society of the
Cincinnati, chiefly because he did not wish to participate in a contest over a
proposed change in the plan of the society, which was to be discussed at
the meeting to be held at Philadelphia in May. He gave, as his reasons for
not attending, his occupations, his precarious health, and that he desired to live
in retirement. To serve in the federal convention when the Cincinnati were
in session might put him in a false position. He finally yielded, however, to
the pleadings of his friends. Washington to Madison, December 16, 1786,
Ford's Writings of Washington, II, 92, et seq.