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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.
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TO EDMUND RANDOLPH.
 
 
 
 
 
 
 
 
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TO EDMUND RANDOLPH.[1]

Dear Sir,—The loss of the French seventy-four
in Boston harbour presented an occasion, which was
embraced by Congress, of making a small requital
to their Ally for his benevolent exertions in behalf
of the United States. They have directed the
Agent of Marine to replace the loss by presenting, in
the name of the United States, the ship America to
the Chevalier de la Luzerne, for the service of His
Most Christian Majesty. The States were unanimous
in this vote. The dissenting members were Bland
and Jones, of Virginia.


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Page 232

The report of the Grand Committee, "that the
Western lands, if ceded to the United States, would
be an important fund," &c., was the subject of the deliberations
of Congress on Thursday and Friday last.
After the usual discussion of the question of right,
and a proposal of opposite amendments to make the
report favor the opposite sides, a turn was given to
the debate to the question of expediency, in which
it became pretty evident to all parties, that unless a
compromise took place, no advantage could ever be
derived to the United States, even if their right were
ever so valid. The number of States interested in
the opposite doctrine rendered it impossible for the
title of the United States ever to obtain a vote of
Congress in its favor, much less any coercive measures
to render the title of any fiscal importance;
whilst the individual States, having both the will and
the means to avail themselves of their pretensions,
might open their land offices, issue their patents, and,
if necessary, protect the execution of their plans;
without any other molestation than the clamors of individuals
within and without the doors of Congress.
This view of the case had a manifest effect on the
most temperate advocates of the Federal title. Witherspoon
moved a set of resolutions recommending to
the States which had made no cessions to take up the
subject; and to the States whose cessions were not
entirely conformable to the plan of Congress, to reconsider
their acts; and declaring, that in case of a
compliance of the several States claiming the back
lands, none of their determinations with regard to


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Page 233
private property within their cessions shall be reversed
or altered
without their consent, except in
cases falling within the ninth Article of the Confederation.
On this motion the report was postponed,
and these resolutions committed. The report of the
committee on the last article will probably determine
the ultimate sense of Congress on the pretensions of
the companies.

Every review I take of the Western territory produces
fresh conviction, that it is the true policy of
Virginia, as well as of the United States, to bring the
dispute to a friendly compromise. A separate government
cannot be distant, and will be an insuperable
barrier to subsequent profits. If, therefore, the decision
of the State on the claims of companies can be
saved, I hope her other conditions will be relaxed.

 
[1]

From the Madison Papers (1840).