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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 JOSEPH JONES.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Page 101

TO JOSEPH JONES.[1]

Dear Sir,—I informed you some time ago that
the instructions to Mr. Jay had passed Congress in a
form which was entirely to my mind. I since informed
you that a committee was preparing a letter
to him explanatory of the principles and objects of
the instructions. This letter also passed in a form
equally satisfactory. I did not suppose that any
thing further would be done on the subject, at least
till further intelligence should arrive from Mr. Jay.
It now appears that I was mistaken. The Delegates
from Georgia and South Carolina, apprehensive
that a uti possidetis may be obtruded on the
belligerent powers by the armed neutrality in Europe,
and hoping that the accession of Spain to the
alliance will give greater concert and success to the
military operations that may be pursued for the recovery
of their States, and likewise add weight to
the means that may be used for obviating a uti possidetis,
have moved for a reconsideration of the
instructions in order to empower Mr. Jay, in case of
necessity, to yield to the claims of Spain in consideration
of her guaranteeing our independence, and
affording us a handsome subsidy. The expediency
of such a motion is further urged, from the dangerous
negotiations now on foot, by British emissaries,
for detaching Spain from the war. Wednesday last
was assigned for the consideration of this motion,


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and it has continued the order of the day ever since,
without being taken up. What the fate of it will be
I do not predict; but, whatever its own fate may be,
it must do mischief in its operation. It will not
probably be concealed that such a motion has been
made and supported, and the weight which our demands
would derive from unanimity and decision
must be lost. I flatter myself, however, that Congress
will see the impropriety of sacrificing the acknowledged
limits and claims of any State, without
the express concurrence of such State. Obstacles
enough will be thrown in the way of peace, if it is to
be bid for at the expense of particular members of
the Union. The Eastern States must, on the first
suggestion, take the alarm for their fisheries. If
they will not support other States in their rights,
they cannot expect to be supported themselves when
theirs come into question.

In this important business, which so deeply affects
the claims and interests of Virginia, and which I
know she has so much at heart, I have not the satisfaction
to harmonize in sentiment with my colleague.[2]


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He has embraced an opinion that we have no just
claim to the subject in controversy between us and
Spain, and that it is the interest of Virginia not to
adhere to it. Under this impression, he drew up a
letter to the Executive, to be communicated to the
Legislature, stating in general the difficulty Congress
might be under, and calling their attention to a revision
of their instructions to their delegates on the
subject. I was obliged to object to such a step, and,
in order to prevent it, observed that the instructions


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were given by the Legislature of Virginia on mature
consideration of the case, and on a supposition that
Spain would make the demands she has done; that
no other event has occurred to change the mind of
our constituents, but the armed neutrality in Europe,
and the successes of the enemy to the southward,
which are as well known to them as to ourselves;
that we might every moment expect a third delegate
here, who would either adjust or decide the difference
in opinion between us, and that whatever went
from the Delegation would then go in its proper form
and have its proper effect; that if the instructions
from Virginia were to be revised, and their ultimatum
reduced, it could not be concealed in so populous
an Assembly, and that every thing which our minister
should be authorized to yield, would be insisted
on; that Mr. Jay's last despatches encouraged us to
expect that Spain would not be inflexible if we were
so, that we might every day expect to have more
satisfactory information from him; that finally if it
should be thought expedient to listen to the pretensions
of Spain, it would be best, before we took any
decisive step in the matter, to take the counsel of
those who best know the interests, and have the
greatest influence on the opinions, of our constituents;
that as you were both a member of Congress and
of the Legislature, and were now with the latter,
you would be an unexceptionable medium for effecting
this, and that I would write to you for the
purpose by the first safe conveyance.

These objections had not the weight with my


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colleague which they had with me. He adhered to
his first determination, and has, I believe, sent the
letter above-mentioned by Mr. Walker, who will, I
suppose, soon forward it to the Governor. You will
readily conceive the embarrassments this affair must
have cost me. All that I have to ask of you is, that
if my refusing to concur with my colleague in recommending
to the Legislature a revision of their
instructions should be misconstrued by any, you
will be so good as to place it in its true light;
and if you agree with me as to the danger of giving
express power to concede, or the inexpediency
of conceding, that you will consult with gentlemen
of the above description, and acquaint me with the
result.

I need not observe to you that the alarms with respect
to the inflexibility of Spain in her demands, the
progress of British intrigues at Madrid, and the danger
of the uti possidetis, may with no small probability
be regarded as artifices for securing her object on
the Mississippi. Mr. Adams, in a late letter from
Amsterdam, a copy of which has been enclosed to the
Governor, supposes that the pretended success of the
British emissaries at Madrid is nothing but a ministerial
finesse to facilitate the loans and keep up the
spirits of the people.

This will be conveyed by Col. Grayson, who has
promised to deliver it himself; or, if any thing unforeseen
should prevent his going to Richmond, to put it
into such hands as will equally ensure its safe delivery.

 
[1]

From the Madison Papers (1840).

[2]

Colonel Theoderick Bland. He and Madison were the only two delegates
from Virginia then in attendance on Congress. Their differences on this subject
culminated in the following request for instructions:

His Excellency Thomas Jefferson Esq.r
Governor of Virginia

SIR,—The complexion of the intelligence received of late from Spain, with the
manner of thinking which begins to prevail in Congress with regard to the claims
to the navigation of the Mississippi, makes it our duty to apply to our constituents
for their precise, full and ultimate sense on this point. If Spain should
make a relinquishment of the navigation of that river on the part of the United
States an indispensable condition of an alliance with them, and the State of Virginia
should adhere to their former determination to insist on the right of navigation,
their delegates ought to be so instructed, not only for their own satisfaction,
but that they may the more effectually obviate arguments drawn from a supposition
that the change of circumstances, which has taken place since the former
instructions were given, may have changed the opinion of Virginia with regard
to the object of them. If, on the other side, any such change of opinion
should have happened, and it is now the sense of the State that an alliance with
Spain ought to be purchased even at the price of such a cession if it can not be
obtained on better terms, it is evidently necessary that we should be authorized
to concur in it.—It will also be expedient for the Legislature to instruct us in
the most explicit terms whether any and what extent of territory on the East
side of the Mississippi and within the limits of Virginia, is in any event to
be yielded to Spain as the price of an alliance with her.—Lastly, it is our earnest
wish to know what steps it is the pleasure of our Constituents we should
take, in case we should be instructed in no event to concede the claims of Virginia
either to territory or to the navigation of the above-mentioned river, and
Congress should without their concurrence agree to such concession.

We have made use of the return of the Honble. W. Jones to N. Carolina to
transmit this to your Excellency, and request that you will immediately communicate
it to the General Assembly.

We have the honor to be, with the most perfect respect and esteem,

Y.r Excellys. most obt. & humble servants,
James Madison, Junr.
Theok. Bland
The foregoing is a true copy of a document communicated by Governor
Jefferson to the General Assembly, and filed in my office.
WM. Mumford, Keeper of the Rolls.—Mad. MSS.