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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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  


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TO THOMAS JEFFERSON.

MAD. MSS.

Dear Sir,—The Assembly adjourned the day before
yesterday. I have been obliged to remain here
since on private business for my Countrymen with
the Auditor's and other departments. I had allotted
towards the close of the Session to undertake a narration
for you of the proceedings, but the hurry on
which I did not sufficiently calculate, rendered it impossible,
and I now find myself so abridged in time that
I cannot fulfil my intentions. It will however be the
less material, as Mr. Short by whom this goes, will be
possessed of almost every thing I could say. I inclose


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you a list of the acts passed excepting a few which had
not received the last Solemnity when the list went to
press. Among the latter is an Act under which I per
Ct. of the land tax will be collected this fall and will
be for Congress. This with the 1 1/2 per Ct. added to
the impost on trade, will be all that Congress will obtain
on their last requisition for this year. It will be
much short of what they need, & of what might be
expected from the declarations with which we introduced
the business of the Session. These declarations
will be seen in the Journal, copy of which I take
for granted will be carried by Mr. Short. Another
act not on the list lays duties on law proceedings, on
alienations of land, on probats of Wills, administration
& some other transactions which pass through
official hands. This tax may be considered as the
basis of a stamp-tax; it will probably yield £15 or
20,000 at present, which is set apart for the foreign
Creditors of this State.

We made a warm struggle for the establishmt. of
Norfolk & Alexandria as our only ports; but were
obliged to add York, Tappahannock & Bermuda hundred,
in order to gain any thing & to restrain to these
ports foreigners only. The footing on which British
debts are put will appear from the Journal noting only
that a law is now in force which forbids suits for them.
The minority in the Senate have protested on the
subject. Having not seen the protest I must refer to
Mr. Short who will no doubt charge himself with it.

A trial was made for a Convention, but in a form
not the most lucky. The adverse temper of the


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House & particularly of Mr. Henry had determined
me to be silent on the subject. But a Petition from
Augusta having among other things touched on a
Reform of the Govt. and R. H. L. arriving with favorable
sentiments, we thought it might not be amiss
to stir the matter. Mr. Stuart from Augusta accordingly
proposed to the Com̃ittee of propositions the
Resolutions reported to the House as per Journal.
Unluckily R. H. L. was obliged by sickness to leave
us the day before the question came on in Com̃ittee
of the whole, and Mr. Henry shewed a more violent
opposition than we expected. The consequence was
that after two days Debate the Report was negatived,
and the majority not content with stopping the
measure for the present availed themselves of their
strength to put a supposed bar on the Journal against
a future possibility of carrying it. The members for
a Convention with full powers, was not considerable
for number, but included most of the young men of
education & talents. A great many would have concurred
in a Convention for specified amendments, but
they were not disposed to be active even for such a
qualified plan.

Several Petitions came forward in behalf of a genl
Assessmt which was reported by the Come of Religion
to be reasonable.[12] The friends of the measure did


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not chuse to try their strength in the House. The
Episcopal Clergy introduced a notable project for reestablishing
their independence of the laity. The
foundation of it was that the whole body should be
legally incorporated, invested with the present property
of the Church, made capable of acquiring indefinitely
—empowered to make canons & bye-laws not
contrary to the laws of the land, and incumbents when
once chosen by vestries, to be immovable otherwise
than by sentence of the Convocation. Extraordinary
as such a project was, it was preserved from a dishonorable
death by the talents of Mr. Henry. It lies
over for another Session.

The public lands at Richmond not wanted for public
use are ordered to be sold & the money, aided by
subscriptions, to be applied to the erection of buildings
on the Hill as formerly planned. This fixes the Govt,
which was near being made as vagrant as that of the
U. S., by a coalition between the friends of Williamsbg
& Stanton. The point was carried by a small
majority only.

The lands about Williamsbg are given to the University,
and are worth, Mr. Tazewell thinks £10,000
to it. For the encouragement of Mr. Maury's School,
licence is granted for a lottery to raise not more than
£2000.


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The revisal is ordered to be printed. A frivolous
cœconomy restrained the no. of copies to 500. I
shall secure the no you want & forward them, by the
first opportunity. The three Revisers' labour was
recollected on this occasion, and £500 voted for each.
I have taken out your warrant in five parts, that it
may be the more easily converted to use. It is to be
paid out of the first unappropriated money in the
Treasury, which renders its value very precarious unless
the Treasurer sd be willing to endorse it "receivable-in-taxes,"
which he is not obliged to do. I shall
await your orders as to the disposition of it.

An effort was made for Paine & the prospect once
flattering. But a sudden opposition was brewed up
which put a negative on every form which could be
given to the proposed remuneration. Mr. Short will
give you particulars.

Col: Mason the Attorney Mr. Henderson & myself
are to negociate with Maryland if she will appt Comissrs
to establish regulations for the Potowmac.[13]


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Since the receipt of yours of May 8, I have made
diligent enquiry concerning the several schools most
likely to answer for the education of your Nephews.[14]
My information has determined me finally to prefer
that of Mr. W. Maury as least exceptionable. I have
accordingly recommended it to Mrs. Carr, & on receiving
her answer shall write to Mr Maury pointing
out your wishes as to the course of study proper for
Master Carr. I have not yet made up any opinion as
to the disposition of your younger nephew but shall
continue my enquiries till I can do so. I find a greater
deficiency of proper schools than I could have supposed,
low as my expectations were on the subject.
All that I can assure [you] of is that I shall pursue
your wishes with equal pleasure & faithfulness.


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Your hint for appropriating the slave tax to Congress
fell in precisely with the opinion I had formed
and suggested to those who are most attentive to our
finances. The existing appropriation of half of it
however to the Military debt was deemed a bar to
such a measure. I wished for it because the slave
holders are Tobo makers, and will generally have hard
money wch alone will serve for Congress. Nothing
can exceed the confusion which reigns throughout our
Revenue department. We attempted but in vain to
ascertain the amount of our debts, and of our resources,
as a basis for something like a system. Perhaps
by the next Session the information may be
prepared. This confusion indeed runs through all
our public affairs, and must continue as long as the
present mode of legislating continues. If we cannot
amend the constitution, we must at least call in the
aid of accurate penmen for extending Resolutions
into bills, which at present are drawn in [a] manner
that must soon bring our laws and our Legislature
into contempt among all orders of Citizens.

I have communicated your request from Philada.
May 25, to Mr. Lane. He writes by Mr. Short &
tells me he is possessed of the observations which he
promised you. I found no opportunity of broaching
a scheme for opening the navigation of the Potowmac
under the auspices of Genl Washington, or of providing
for such occurrences as the case of Marbois. With
the aid of ye Attorney perhaps something may be done
on the latter point next Session.

Adieu My dear friend.
 
[12]

At this session a concerted effort was made by the various churches for State
recognition. There was a committee of the legislature charged "with all matters
relating to religion and morality." Petitions were presented from the
Baptists and Presbyterians asking for a removal of all remaining distinctions in
favor of the Episcopal Church, in order that "religious freedom be established
upon the broad basis of perfect political equality." The bill for the Episcopal
Church was debated two days.—Rives, i., 560, et seq. John B. Smith, president
of Hampden-Sydney College, wrote to Madison, June 21, 1784, that the bill
was insulting to non-Episcopalians, and any measure to enable the Episcopal
clergy to regulate all spiritual concerns of that church was an express attempt
" to draw the State into an elicit connection and commerce with them," and
to put the legislature in the position of being at the head of the church. He
was sorry that Christian ministers should virtually declare their church to be a
mere political machine.—Smith to Madison, Mad, MSS.

[13]

The boundary between Virginia and Maryland was the Potomac, and the
charter of Lord Baltimore had defined the Southern shore as the line. This
Virginia confirmed in the Constitution of 1776, reserving, however, the free navigation
and use of the river. Madison feared that this general confirmation
would be construed by Maryland into a total surrender of all jurisdiction over
the river. Having accertained through Jefferson that Maryland would appoint
commissioners to form regulations if Virginia did so, Madison introduced a bill
to that effect, which was passed June 30th. See Rives, i., 535, et seq. Through a
blunder in the notifications Madison and Randolph did not attend the meeting
with the Maryland Commissioners, which took place at Mount Vernon, but the
Maryland Commissioners having journeyed some distance, Mason and Henderson
decided to proceed with the conference.—Mason to Madison, August 9,
1785.—Mad. MSS. The Maryland members were T. Stone, Daniel of St.
Thomas Jenifer and Samuel Chase. Together with Mason and Henderson
they signed the report which was dated Mount Vernon, March 28, 1785, and
transmitted to the General Assembly as "Result of the Deliberations of the
Commissioners of Virginia & Maryland, appointed to settle the navigation &
Jurisdiction of that Part of the Chesapeake Bay within the Limits of Virginia,
& of the Rivers Potomack and Pokomoke." The Commissioners also united in
a joint letter to the President of the Executive Council of Pennsylvania, recommending
the coöperation of that State.—Mad. MSS. There is no reason for
supposing that Madison's bill had any deeper purpose than the simple one that
appeared on the surface, but when it appeared that regulations between Virginia
and Maryland would be useless unless Pennsylvania were included, it became
equally evident that New York, New Jersey, and Delaware could render
ineffective any agreement Pennsylvania might make. A general convention of
all the States to bring about what was at first projected for two States only was
the logical suggestion. It resulted in the call for the Annapolis meeting, which
in turn led to the Philadelphia convention. The proceedings of the Virginia
and Maryland Commissioners are traced in Kate Mason Rowland's George
Mason
, ii., 12, et seq. For Madison's resolutions extending the Commissioners'
powers, see post.

[14]

"Mrs. Carr was informed by Mr. Jefferson, previous to his departure to
Europe, that he had requested the favor of you, to direct the Studies of her
two Sons Peter & Dabney in his absence. Should it be convenient for you to
comply with Mr. Jeffersons request, Mrs. Carr will be much obliged to you to
inform her, when, and in what manner you would wish them disposed of."—
W. O. Collis to Madison, August 9, 1784.—Mad. MSS.