The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
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THURSDAY JANY. 16 |
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 | The writings of James Madison, |  |
THURSDAY JANY. 16
Mr. Rutledge informed Congress that there was reason to apprehend
that the train of negotiation in Europe had been so
misrepresented in the State of S. Carolina as to make it probable
that an attempt might be made in the Legislature to repeal the
confiscation laws of that State, & even if such attempt shd. fail, the
misrepresentations cd. not fail to injure the sale of property confiscated
in that State. In order therefore to frustrate these
misrepresentations he moved that the Delegates of S. Carolina
might be furnished with an extract from the letter of the 14th. of
Oct. from Docr. Franklin, so far as it informed Congress "that
something had been mentioned to the American Plenipotentiaries
relative to the Refugees & to English debts, but not insisted on;
it being answered on their part that this was a matter belonging to
the individual States and on which Congress cd. enter into no
stipulations." The motion was 2ded. by Mr. Jarvais, & supported
by Mr. Ramsay. It was opposed by Mr. Ellsworth & Mr. Wolcott
as improper, since a communication of this intelligence
might encourage the States to extend confiscations to British
debts, a circumstance which wd. be dishonorable to the U. S., &
might embarrass a treaty of peace. Mr. Fitzsimmons expressed
the same apprehensions, so did Mr. Ghoram. His Colleague
Mr. Osgood was in favr. of the motion. By Mr. Madison the
motion was so enlarged and varied as "to leave all the delegates
at liberty to communicate the extract to their constents. in such
form & under such cautions as they shd. judge prudent." The
Motion so varied was adopted by Mr. Rutledge, & substituted in
place of the original one. It was however still opposed by the
Opponents of the original motion. Mr. Madison observed that
as all the States had espoused in some degree the doctrine
of confiscations, & as some of them had given instructions
to their delegates on the subject, it was the duty of Congress
without inquiring into the expediency of Confiscations, to prevent
as far as they cd. any measures which might impede that object
in negotiations for peace, by inducing an opinion that the U. S.
were not firm with respect to it; that in this view it was of consequence
to prevent the repeal & even the attempt of a repeal of
communication of the extract in question would answer such a
purpose, it was improper for Congress to oppose it. On a question
the motion was negatived, Congress being much divided thereon.
Several of those who were in the negative, were willing that the
Delegates of S. Carolina shd. be licensed to transmit to their
State what related to the Refugees, omitting what related to
British debts and invited Mr. Rutledge to renew his motion
in that qualified form. Others suggested the propriety of his
contradicting the misrepresentations in general without referring
to any official information recd. by Congress. Mr. R. said he wd.
think further on the subject, and desired that it might lie over.
| The writings of James Madison, | |