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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SEPTEMBER 3. LOCATION OF THE CAPITAL. |
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 | The writings of James Madison, |  |
SEPTEMBER 3. LOCATION OF THE CAPITAL.
Mr. Madison meant to pay due attention to every argument
that could be urged on this important question. Facts
had been asserted, the impressions of which he wished to be
erased, if they were not well founded. It has been said, that
the communication with the Western Territory, by the Susquehanna,
this is not the case; and the propriety of our decision
will depend, in a great measure, on the superior advantages
of one of these two streams. It is agreed, on all hands, that
we ought to have some regard to the convenience of the
Atlantic navigation. Now, to embrace this object, a position
must be taken on some navigable river; to favor the communication
with the Western Territory, its arms ought likewise
suppose it would have been necessary to bring forward charts
and maps, as has been done by others, to show the committee
the comparative situation of those rivers. I flattered myself
it was sufficiently understood, to enable us to decide the
question of superiority; but I am now inclined to believe,
that gentlemen have embraced an error, and I hope they are
not determined to vote under improper impressions. I venture
to pledge myself for the demonstration, that the communication
with the Western Territory, by the Potomac, is
more certain and convenient than the other. And if the
question is as important as it is admitted to be, gentlemen
will not shut their ears to information; they will not precipitate
the decision; or if they regard the satisfaction of our
constituents, they will allow them to be informed of all the
facts and arguments that lead to the decision of a question
in which the general and particular interests of all parts of
the Union are involved.[125]
TO EDMUND PENDLETON.
I was favd. on Saturday with yours of the 2d instant.
The Judiciary is now under consideration. I view it as you do, as
defective both in its general structure, and many of its particular regulations.
The attachment of the Eastern members, the difficulty of
substituting another plan, with the consent of those who agree in disliking
the bill, the defect of time &c, will however prevent any radical
alterations. The most I hope is that some offensive violations of
Southern jurisprudence may be corrected, and that the system
may speedily undergo a reconsideration under the auspices of the
Judges who alone will be able perhaps to set it to rights.
The Senate have sent back the plan of amendments with some alterations
which strike in my opinion at the most salutary articles. In
many of the States juries even in criminal cases, are taken from the
State at large; in others from districts of considerable extent; in very
few from the County alone. Hence a [torn out] like to the restraint
with respect to vicinage, which has produced a negative on that clause.
A fear of inconvenience from a constitutional bar to appeals below a
certain value, and a confidence that such a limitation is not necessary,
have had the same effect on another article. Several others have had
a similar fate. The difficulty of uniting the minds of men accustomed
to think and act differently can only be conceived by those who have
witnessed it.
A very important question is depending on the subject of a permanent
seat for the fedl. Govt. Early in the Session secret negociations
were set on foot among the Northern States, from Penna., inclusively.
The parties finally disagreeing in their arrangements, both made advances
to the Southern members. On the side of N. Y. & N. Engd., we
were led to expect the Susquehannah within a reasonable time, if We
wd. sit still in N. York, otherwise we were threatened with Trenton.
These terms were inadmissible to the friends of Potowmac. On the
side of Penna., who was full of distrust and animosity agst. N. Engd. &
N. York, the Potowmac was presented as the reward for the temporary
advantages if given by the S. States. Some progress was made on this
ground, and the prospect became flattering, when a reunion was produced
among the original parties by circumstances which it wd. be
tedious to explain. The Susquehannah has in consequence been
voted. The bill is not yet brought in and many things may yet
happen. We shall parry any decision if we can, tho' I see little hope
of attaining our own object, the Eastern States being inflexibly opposed
to the Potowmac & for some reasons which are more likely to grow
stronger than weaker; and if we are to be placed on the Susquehannah,
the sooner the better.—Mad. MSS.
| The writings of James Madison, | |