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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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

TO EDMUND RANDOLPH.

MAD. MSS.

My Dear Sir,—Yesterday's mail brought me no
letter from you. The Address from the Citizens of
Pa. came before Congs. on thursday and was referred
to a comme. of 5 members. The answer will probably
be a very civil one, but will leave open the question
touching the return of Congs. This question if decided
at all in the affirmative, must be preceded by
despair of some of the competitors for the permanent
residence, almost all of whom now make a common


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cause agst. Philada. It is not improbable that when
the urgency of the scanty accommodations at Princeton
comes to be more fully felt, with the difficulty of
selecting a final seat among the numerous offers, N.
Y. in case of its evacuation may be brought into rivalship
with Philada. for the temporary residence of Congress.
My own opinion is that it would be less
eligible as removing every thing connected with Congs.,
not only farther from the South but farther from the
Center, and making a removal to a Southern position
finally more difficult than it would be from Philada.
Williamsbg. seems to have a very slender chance as far
as I can discover. Annapolis I apprehend wd. have a
greater number of advocates. But the best chance
both for Maryland & Virga., will be to unite in offering
a double jurisdiction on the Potowmack. The
only dangerous rival in that case will be a like offer
from N. J. & Pa. on the Delaware; unless indeed
Congs. sd. be carried to N. York before a final choice
be made in which case it would be difficult to get
them out of the State.

In order to prepare the way to their permanent
residence Congs. have appd. a Come. to define the jurisdiction
proper for them to be invested with.
Williamsbg. has asked an explanation on this point.
The nearer the subject is viewed the less easy it is
found to mark the just boundary between the
authority of Congs. & that of the State on one
side & on the other between the former & the privileges
of the inhabitants. May it not also be made a
question whether in constitutional strictness the gift


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of any State, without the Concurrence of all the rest,
can authorize Congs. to exercise any power not delegated
by the Confederation? As Congs. it would
seem are incompetent to every act not warranted by
that instrument or some other flowing from the same
source. I wish you could spare a little attention to
this subject & transmit your ideas on it. Contrary
to my intention I shall be detained here several weeks
yet, by a disappointmt. in some circumstances which
must precede my setting out for Virga.

There is considerable ground to believe that
Carleton is possessed of the definitive Treaty. He
has lately sent Congs. several depositions relative to
forgeries of Mr. Morris' Notes, the authors of which
he has confined in N. York, & has requested that
persons may be sent in to attend the examination.

The Court Martial is still proceeding in the
investigation of the Mutiny, but have disclosed no
result.