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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 EDMUND RANDOLPH.
  
  
  
  
  
  
  


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TO EDMUND RANDOLPH.[102]

Dear Sir,—Your favor of the fourth of April has
been received since my last The probability of
General Washington's coming to Philadelphia is,
in one point of view, flattering. Would it not,
however, be well for him to postpone his actual
attendance, until some judgment can be formed of
the result of the meeting? It ought not to be
wished by any of his friends that he should participate
in any abortive undertaking. It may occur,
perhaps, that the delay would deprive the Convention
of his presiding auspices, and subject him, on
his arrival, to a less conspicuous point of view than
he ought on all occasions to stand in. Against this
difficulty must be weighed the consideration above
mentioned, to which may be added the opportunity
which Pennsylvania, by the appointment of Doctor
Franklin, has afforded of putting sufficient dignity
into the Chair.

The effect of the interposition of Congress in
favor of the treaty at this crisis, was foreseen by us.[103]


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I would myself have preferred a little procrastination
on the subject. But the manifest and undeniable
propriety of the thing itself, with the chance
that the Legislature here, which will adjourn in a
little time until next winter, and which is one of
the principal transgressors, may set an immediate
example of reformation, overruled the argument for
delay. The difficulties which, as you suggest, may
be left behind by a mere repeal of all existing impediments,
will be probably found of a very serious
nature to British creditors. If no other advantage
should be taken of them by the State, than the
making the assent of the creditors to the plan of
instalments, a condition of such further provisions
as may not come within the treaty, I do not know
that the existence of these difficulties ought to be
matter of regret. In every view Congress seem to
have taken the most proper course for maintaining
the national character; and if any deviations in
particular States should be required by peculiar
circumstances, it will be better that they should be
chargeable on such States than on the United
States.

The Maryland Assembly met on the second instant,
being convened by proclamation. The expected
delay, therefore, in her appointments for the
Convention, cannot be admitted among the considerations
which are to decide the time of your setting
out. I am sorry that punctuality on your part will
oblige you to travel without the company of Mrs.
Randolph. But the sacrifice seems to be the more


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necessary, as Virginia ought not only to be on the
ground in due time, but to be prepared with some
materials for the work of the Convention. In this
view, I could wish that you might be able to reach
Philadelphia some days before the second Monday
in May.

This city has been thrown into no small agitation
by a motion, made a few days ago, for a short
adjournment of Congress, and the appointment of
Philadelphia as the place of its reassembling. No
final question was taken, but some preliminary questions
shewed that six States were in favor of it;
Rhode Island, the seventh State, was at first in
the affirmative, but one of its Delegates was overcome
by the exertions made to convert him. As
neither Maryland nor South Carolina was present,
the vote is strong evidence of the precarious tenure
by which New York enjoys her metropolitan advantages.
The motives which led to this attempt
were probably with some of a local nature. With
others they certainly were of a general nature.

Mr. Jay was a few days ago instructed to communicate
to Congress the State of the Spanish negotiation.
An unwilling but silent assent was given
by Massachusetts and Connecticut. The Report
shews that Jay viewed the act of seven States as
valid, and has even adjusted with Guardoqui an
article for suspending our use of the Mississippi
during the term of the treaty. A subsequent report,
on a reference of Western information from Virginia
and North Carolina denotes little confidence in the


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event of the negotiation, and considerable perplexity
as to the steps proper to be taken by Congress.
Wednesday is fixed for the consideration of these
reports. We mean to propose that Jefferson be
sent, under a special commission, to plead the cause
of the Mississippi at Madrid.

 
[102]

From the Madison Papers (1840).

[103]

March 21, 1787, Congress unanimously resolved that the Legislatures of
the several States could not, of right, pass acts for interpreting or construing a
treaty, nor in any manner retard its operation, and that all State acts repugnant
to the treaty of peace with Great Britain ought to be repealed, and
the State Legislatures were requested to repeal them. Journals of Congress
(Ed. 1801), XII., 23, 24. On April 13th, the Secretary for Foreign Affairs
(Jay) reported a letter to the States, which was agreed to, to accompany the
resolutions of March 21st. It regretted that in some of the States too little
attention had been paid to the public faith pledged by the treaty, and urged
the binding nature of a treaty upon each member of the Confederacy. Id. 22,
et seq.