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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 JAMES MONROE.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  


98

Page 98

TO JAMES MONROE.

MAD. MSS.

Dear Sir,—Your favor of the 14th instant came to
hand on thursday. A proposition was made a few
days ago for this State to empower Congs. to carry
into effect the imposts as soon as 12 States should
make themselves parties to it. It was rejected on
the following grounds 1. that it would present a
disagreeable aspect of our affairs to Foreign nations.
2. that it might lead to other combinations of lesser
numbers of the States. 3. that it would render R. I. an
inlet for clandestine trade. 4. that it would sour her
temper still further at a crisis when her concurrence
in some general & radical amendment of the Confederation
may be invited by Congress. 5. that the
chance is almost infinitely agst. a Union of 12 States
on such new ground, and consequently the experiment
would be only a fresh display of the jarring
policy of the? States, and afford a fresh triumph &
irritation to R. Island. The Act empowering Congs.
to surrender Citizens of this State to the Sovereign
demanding them for certain crimes committed within
his jurisdiction has passed. Congress are to Judge
whether the crimes be such as according to the Law
of nations warrant such demand, as well as whether
the fact be duly proven. Concurrent provision is
made for punishing such offences by our own laws in
case no such demand be made to or be not admitted by
Congs., and legal proof can be had. The latter law
extends to offences agst. the Indians. As these tribes
do not observe the law of Nations it was supposed


99

Page 99
neither necessary nor proper to give up Citizens to
them. The Act is not suspended on the concurrence
of any other State, it being judged favorable to the
interest of this tho' no other should follow the example,
and a fit branch of the fœderal prerogative. The
Bill for Assize Courts has passed the Senate without
any material amendment, is enrolled, and waits only
to be examined by the Com̃itte & signed by the
Speakers. The Genl. Assesst. on the question for engrossing
it, was yesterday carried by 44 agst. 42. Today
its third reading was put off till Novr. next, by 45
agst. 37 or thereabouts, and it is to be printed for consideration
of the people. Much business is still on
the table but we shall probably rise about New Years
day. I am, Dr. Sir with sincere regard Yr. friend &
servt.