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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.
 
 
 
 
 

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TO JAMES MONROE.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

TO JAMES MONROE.

MAD. MSS.
Dear Sir

I did not receive your favor of Sepr 2d, the only one
yet come to hand, till yesterday. The account of
your arrival and reception had some time ago found
its way to us thro' the English Gazettes. The
language of your address to the Convention was
certainly very grating to the ears of many here; and
would no doubt have employed the tongues and the
pens too of some of them, if external as well as internal
circumstances had not checked them; but more
particularly, the appearance about the same time of
the Presidents letter and those of the Secretary of
State.[99] Malicious criticisms if now made at all are
confined to the little circles which relish that kind of
food. The sentiments of the P. will be best communicated
by Mr. R. You are right in your conjecture,
both as to the facility given to the Envoy
Extry by the triumphs of France, and the artifice of
referring it to other causes. The prevailing idea
here is that the Mission will be successful, tho' it is


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scarcely probable that it will prove so in any degree
commensurate to our rights, or even to the expectations
which have been raised: Whilst no industry
is spared to prepare the public mind to eccho the
praises which will be rung to the address of the
Negociator, and the policy of defeating the commercial
resolutions proposed at the last session. It
will not be easy however to hide from the view of
the judicious & well disposed part of the community
that every thing that may be obtained from G. B.
will have been yielded by the fears inspired by those
retaliating measures, and by the state of affairs in
Europe.

You will learn from the Newspapers and official
communications the unfortunate scene in the Western
parts of Penna which unfolded itself during the
recess.[100] The history of its remote & immediate
causes, the measures produced by it, and the manner
in which it has been closed, does not fall within the
compass of a letter. It is probable also that many
explanatory circumstances are yet but imperfectly
known. I can only refer to the printed accounts
which you will receive from the Department of State,
and the comments which your memory will assist
you in making on them. The event was in several
respects a critical one for the cause of liberty, and
the real authors of it, if not in the service, were in
the most effectual manner, doing the business of
Despotism. You well know the general tendency
of insurrections to increase the momentum of power.


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You will recollect the particular effect of what
happened some years ago in Massachts. Precisely
the same calamity was to be dreaded on a larger
scale in this Case. There were eno' as you may
well suppose, ready to give the same turn to the
crisis, and to propagate the same impressions from
it. It happened most auspiciously however that
with a spirit truly Republican, the people every
where and of every description condemned the
resistance of the will of the Majority, and obeyed
with alacrity the call to vindicate the authority of
the laws. You will see, in the answer of the House
of Reps to the P's speech, that the most was made
of this circumstance, as an antidote to the poisonous
influence to which Republicanism was exposed. If
the insurrection had not been crushed in the manner
it was I have no doubt that a formidable attempt
would have been made to establish the principle
that a standing army was necessary for enforcing the
laws
. When I first came to this City about the
middle of October, this was the fashionable language.
Nor am I sure that the attempt would not have been
made if the P. could have been embarked in it, and
particularly if the temper of N. England had not
been dreaded on this point. I hope we are over
that danger for the present. You will readily
understand the business detailed in the Newspapers,
relating to the denunciation of the "self-created
Societies." [101] The introduction of it by the President

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was perhaps the greatest error of his political
life. For his sake, as well as for a variety of obvious
reasons, I wished it might be passed over in silence
by the H. of Reps. The answer was penned with
that view and so reported. This moderate course

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would not satisfy those who hoped to draw a party
advantage out of the P's popularity. The game
was, to connect the democratic Societies with the
odium of the insurrection—to connect the Republicans
in Congs with those Societies—to put the P.
ostensibly at the head of the other party, in opposition
to both, and by these means prolong the illusions
in the North, & try a new experiment on the
South. To favor the project, the answer of the
Senate was accelerated & so framed as to draw
the P. into the most pointed reply on the subject of
the Societies. At the same time the answer of the
H. of R. was procrastinated till the example of the
Senate, & the commitment of the P. could have
their full operation. You will see how nicely the
House was divided, and how the matter went off.
As yet, the discussion has not been revived by the
newspaper combatants. If it should and equal
talents be opposed, the result cannot fail to wound

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the P's popularity more than anything that has yet
happened. It must be seen that no two principles
can be either more indefensible in reason, or more
dangerous in practice—than that—1. arbitrary denunciations
may punish what the law permits, &
what the Legislature has no right by law, to prohibit
—and that 2. the Govt. may stifle all censure
whatever on its misdoings, for if it be itself the Judge
it will never allow any censures to be just, and if it
can suppress censures flowing from one lawful
source it may those flowing from any other—from
the press and from individuals, as well as from
Societies, &c.

The elections for the H. of Reps are over in N.
Eng. & Pa. In Massts they have been contested so
generally as to rouse the people compleatly from
their lethargy, tho' not sufficiently to eradicate the
errors which have prevailed there. The principal
members have been all severely pushed; several
changes have taken place, rather for the better;
and not one for the worse. In Pa. Republicanism
claims 9 out of 13, notwithstanding the very
disadvantageous circumstances under which the
election was made. In N. Y. it is expected the
proportion of sound men will be increased. In
Maryland, the choice has been much as heretofore.
Virga. & N. C. will probably make no changes for the
worse. In the former, Mr. Griffin resigns his pretensions.
Mr. Lee will probably either do so or be
dropped by his Constituents. In S. Carolina the
death of Gillon will probably let in Mr. Barnwell. In


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Delaware Patton is elected, in lieu of Latimer. On
the whole the prospect is rather improved than
otherwise. The election of Swanwick as a Republican,
by the Commerical & political Metropolis of
the U. S. in preference to Fitzsimmons is of itself of
material consequence, and is so felt by the party to
which the latter belongs. For what relates to the
Senate I trust to the letters which you will receive
from Brown & Langdon, whom I have apprized of
this opportunity of answering yours. I shall observe
only that Tazewell & S. Tho: Mason were elected by
the most decided majorities, to fill your vacancy and
that of Col. Taylor who gave in his resignation. Not
a single Anti-republican was started. Mr. Dawson
was a candidate and got 40 votes agst. 122. Brooke
is also Govr. by a pretty decided vote. He had 90
odd, agst. 60 odd given to Wood, his only competitor.

I had a letter lately from Mr. Jefferson. He has
been confined by the Rheumatism since August, and
is far from being entirely recovered. Mr. T. M.
Randolph has also been in a ticklish situation.
What it is at present I cannot say. Mr. Jones was
well a few days ago. He was then setting out to
Loudon where he has made a great purchase of land
from Col. Chs. Carter. I infer from his letters to me
that you are included in it. He will no doubt write
you fully on that subject, or more probably has
written already.

I have not recd anything from Wilkinson, nor from
Vermont; nor heard anything relating to your interests
in N. York. I have given notice to Mr. Yard


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and Docr Stephen, of this conveyance and expect
both will write. Mrs. Heilager is also here on her
way to St. Croix and will no doubt write to Mrs.
Monroe. She tells me all friends are well in N. York.
I hope her letter will give all the particulars which
may be interesting.

When in Albemarle last fall I visited your farm
along with Mr. Jefferson, and viewed the sites out
of which a choice is to be made for your house. The
one preferred by us is that which we favored originally
on the East side of the road, near the field not
long since opened. All that could be suggested by
way of preparation was, that trees be planted
promiscuously & pretty thickly in the field adjoining
the wood. In general your farm appeared to
be as well as was to be expected. Your upper farm
I did not see, being limited in my stay in that
quarter.

I have just seen Mr. Ross, who tells me he has
recd your letter. He would write by this opportunity
but wishes to be more full than the time will permit.
We expect another will offer in a few weeks
when we shall all continue our communications. I
should say more to you now, if I could say it in
cypher.

Present my best respects to Mrs. Monroe and
Eliza, and tell them I shall be able on their return
to present them with a new acquaintance who is prepared
by my representations to receive them with
all the affection they merit, & who I flatter myself
will be entitled to theirs. The event which puts this


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in my power took place on the 15th of Sepr.[102] We
are at present inhabitants of the House which you
occupied last winter & shall continue in it during
the session. With my sincerest wishes for your
happiness and that of your amiable family, I remain
affectionately.

Hamilton has given notice that he means to resign.
Knox means to do the same. It is conjectured that
the former will contend for the Govt of N. York.
Burr will be the competitor.

 
[99]

See Writings of Monroe (Hamilton), ii., 11 et seq.

[100]

The Whiskey Rebellion.

[101]

"The very forbearance to press prosecutions was misinterpreted
into a fear of urging the execution of the laws; and associations of
men began to denounce threats against the officers employed. From
a belief, that, by a more formal concert, their operation might be
defeated, certain self-created societies assumed the tone of condemnation."
—Washington's speech to Congress, November 19, 1794. Writings
(Ford), xii., 491.

November 20, Madison, Sedgwick, and Scott were appointed to
draft the reply to the speech. Madison drew it up and presented it
November 21. It was in the customary formal, colorless style, but
an attempt was made to introduce into it a clause denouncing the
"self-created societies," which failed. Madison spoke in opposition,
November 27:

. . . He conceived it to be a sound principle, that an action
innocent in the eye of the law could not be the object of censure to a
Legislative body. When the people have formed a Constitution, they
retain those rights which they have not expressly delegated. It is a
question whether what is thus retained can be legislated upon. Opinons
are not the objects of legislation. You animadvert on the abuse
of reserved rights: how far will this go? It may extend to the liberty
of speech, and of the press. It is in vain to say that this indiscriminate
censure is no punishment. If it falls on classes, or individuals,
it will be a severe punishment. He wished it to be considered how
extremely guarded the Constitution was in respect to cases not within
its limits. Murder, or treason, cannot be noticed by the Legislature.
Is not this proposition, if voted, a vote of attainder? To consider a
principle, we must try its nature, and see how far it will go: in the
present case, he considered the effects of the principle contended for
would be pernicious. If we advert to the nature of Republican Government,
we shall find that the censorial power is in the people over
the Government, and not in the Government over the people. As he
had confidence in the good sense and patriotism of the people, he did
not anticipate any lasting evil to result from the publications of these
societies; they will stand or fall by the public opinion; no line can
be drawn in this case. The law is the only rule of right: what is consistent
with that, is not punishable; what is not contrary to that, is
innocent, or at least not censurable by the Legislative body.

With respect to the body of the people, (whether the outrages have
proceeded from weakness or wickedness,) what has been done, and will
be done by the Legislature, will have a due effect. If the proceedings
of the Government should not have an effect, will this declaration
produce it? The people at large are possessed of proper sentiments
on the subject of the insurrection; the whole Continent reprobates the
conduct of the insurgents; it is not, therefore, necessary to take the
extra step. The press, he believed, would not be able to shake the
confidence of the people in the Government. In a Republic, light will
prevail over darkness, truth over error: he had undoubted confidence
in this principle. If it be admitted that the law cannot animadvert on
a particular case, neither can we do it. Governments are administered
by men: the same degree of purity does not always exist. Honesty
of motives may at present prevail, but this affords no assurance
that it will always be the case. At a future period, a Legislature may
exist of a very different complexion from the present: in this view
we ought not, by any vote of ours, to give support to measures which
now we do not hesitate to reprobate. . . .

[102]

Madison and Dolly Payne Todd were married by Rev. Dr. Balmaine,
an Episcopal clergyman of Winchester, Va., a cousin of Madison's,
on September 15, 1794, at "Harewood," near Charlestown,
W. Va., the estate of George Steptoe Washington, a nephew of General
Washington's, and the husband of Mrs. Madison's sister.