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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TO THOMAS JEFFERSON. |
 | The writings of James Madison, |  |
TO THOMAS JEFFERSON.
The stamp act was poisoned by the ingredient of
the tax on transfers. The sentinels of stock uniting
with the adversaries of the general plan formed a
large majority. The Carriage tax which only struck
at the Constitution has passed the H. of Reps. and
will be a delicious morsel to the Senate.[98]
The
attempt of this Branch to give the P. power to raise
more easily in the H. of Reps. than I had expected.
This is the 3d or 4th effort made in the course of the
Session to get a powerful military establishment,
under the pretext of public danger and under the
auspices of the Pts. popularity. The bill for punishing
certain crimes &c. including that of selling prizes
has been unexpectedly called up at the last moment
of the Session. It is pretended that our Citizens
will arm under French colors if not restrained.
You will be at no loss for the real motive, especially
as explained by the circumstances of the present
crisis. The bill for complying with Fauchèt's application
for a million of dollars passed the H. of
Reps by a large majority. The Senate will certainly
reject it. Col. M. is busy in preparing for his embarkation.
He is puzzled as to the mode of getting
to France. He leans towards an American vessel,
which is to sail from Baltimore for Amsterdam. A
direct passage to F. is scracely to be had, and is
incumbered with the risk of being captured &
carried into England. It is not certain that Negro
Cotton can be had here. German linens of all
day of adjournment as fixed by the vote of the two
Houses; but it will probably not take place till the
last of the week. We have had 8 or 10 days of wet
weather from the N. E. which seems at length to be
breaking up.
The law laying a tax on carriages was passed June 5. In 1796
its constitutionality was tested before the Supreme Court, and the
Court decided that being an indirect tax it was constitutional. Judge
Samuel Chase, a fiery federalist, closed his opinion with this sentence:
"As I do not think the tax on carriages is a direct tax, it is unnecessary,
at this time, for me to determine, whether this court, constitutionally
possesses the power to declare an act of Congress void, on the
ground of its being made contrary to, and in violation of, the Constitution;
but if the Court have such power, I am free to declare, that
I will never exercise it, but in a very clear case." 3 Dallas, 171.
Madison wrote to Jefferson, March 6, 1796, concerning the case:
"The Court has not given judgment yet on the Carriage tax. It is
said the Judges will be unanimous for its constitutionality. Hamilton
& Lee advocated it at the Bar, agst Campbell & Ingersoll. Bystanders
speak highly of Campbells argument, as well as of Ingersoll's. Lee
did not shine, and the great effort of his coadjutor as I learn, was to
raise a fog around the subject, & to inculcate a respect in the Court for
preceding sanctions in a doubtful case."—Mad. MSS.
| The writings of James Madison, | |