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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 THOMAS JEFFERSON.
 
 
 
 
 
 
 
 
 
 
 
 
 

TO THOMAS JEFFERSON.

MAD. MSS.

Dear Sir,—Mrs Browne having been detained at
Fredg for some time, I did not receive your favor of
the 19th in time to be conveniently acknowledged by
the last mail. The succeeding one of the 26th came
to hand on the 7th instant only, a delay that fixes
blame on the post office either in Washington or
Fredg. In all the letters & most of the Newspapers
which I have lately recd. thro' the post office, there
is equal ground for complaint.

I find that the vote of Kentucky establishes the
tie between the Repub: characters, and consequently


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throws the result into the hands of the H. of
R. Desperate as some of the adverse party there
may be, I can scarcely allow myself to believe that
enough will not be found to frustrate the attempt to
strangle the election of the people, and smuggle into
the Chief Magistracy the choice of a faction. It
would seem that every individual member, who has
any standing or stake in society, or any portion of
virtue or sober understandg must revolt at the
tendency of such a manœuvre. Is it possible that
Mr. A. shd. give his sanction to it if that should be
made a necessary ingredient? or that he would not
hold it his duty or his policy, in case the present House
should obstinately refuse to give effect to the Constn,
to appoint, which he certainly may do before his office
expires as early a day as possible, after that event,
for the succeeding House to meet, and supply the
omission. Should he disappt. a just expectation in
either instance, it will be an omen, I think, forbidding
the steps towards him which you seem to be meditating.
I would not wish to discourage any attentions
which friendship, prudence, or benevolence may
suggest in his behalf, but I think it not improper to
remark, that I find him infinitely sunk in the estimation
of all parties. The follies of his administration,
the oblique stroke at his Predecessor in the letter
to Coxe, and the crooked character of that to T.
Pinkney[137] , are working powerfully agst. him. Added
to these causes is the pamphlet of H. which, tho' its

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recoil has perhaps more deeply wounded the author,
than the object it was discharged at, has contributed
not a little to overthrow the latter staggering as he
before was in the public esteem.

On the supposition of either event, whether of an
interregnum in the Executive, or of a surreptitious
intrusion into it, it becomes a question of the first
order, what is the course demanded by the crisis.
Will it be best to acquiesce in a suspension or usurpation
of the Executive authority till the meeting of
Congs. in Der. next, or for Congs to be summoned
by a joint proclamation or recommendation of the
two characters havg a majority of votes for President.
My present judgment favors the latter expedient.
The prerogative of convening the Legislature must
reside in one or other of them, and if both concur,
must substantially include the requisite will. The
intentions of the people would undoubtedly be pursued.
And if, in reference to the Constn., the proceeding
be not strictly regular, the irregularity will
be less in form than any other adequate to the
emergency; and will lie in form only rather than
substance; whereas the other remedies proposed are
substantial violations of the will of the people, of the
scope of the Constitution, and of the public order &
interest. It is to be hoped however that all such
questions will be precluded by a proper decision of
nine States in the H. of R.

I observe that the French Convention is represented
as highly obnoxious to the Senate. I should
not have supposed that the opposition would be


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hinged on the article surrendering public vessels.
As the stipulation is mutual it certainly spares our
pride, sufficiently to leave us free to calculate our
interest, and on this point there cannot be a difference
of opinion. I was less surprized at the obstacle
discovered in the British Treaty, the latter of which
combined with the repeal of the French Treaty, beget
a suspicion that in some quarters at least the present
posture of things has been long anticipated. It is
certain however that the Convention leaves G. B.
on a better footing than the B. Treaty placed her,
and it is remarkable that E[138] . D[139] . & Murray, should
have concurred in the arrangement, if it have any
real interference with bona fide engagements to
G. B. It may be recollected that the privilege given
to British prizes was not purchased like that to
French prizes, by any peculiar services to us; and
never had any other pretext, than the alledged
policy of putting the two great rival nations of
Europe as nearly as possible on an equal footing.
Notwithstanding this pretext for the measure, H.
in his late pamphlet acknowledges the error of it. It
would be truly extraordinary if a measure intended
for this equalizing purpose, should be construable
into an insuperable barrier to the equality proposed.
It is of vast moment both in a domestic & foreign
view, that the Senate should come to a right decision.
The public mind is already sore & jealous of that
body, and particularly so of the insidious & mischievous
policy of the British Treaty. It is strongly

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averse also to war, and would feel abhorrence of an
unjust or unnecessary war with any nation. It is
much to be wished that these facts may not be disregarded
in the question before the Senate. If there
be anything fairly inadmissible in the Convn it
would be better to follow the example of a qualified
ratification, than rush into a provoking rejection.
if there be anything likely, however unjustly, to beget
complaints or discontents on the part of G. B. early
& conciliatory explanations ought not to be omitted.
However difficult our situation has been made,
justice & prudence will it is hoped, steer us through
it peacefully. In some respects the task is facilitated
at the present moment. France has sufficiently manifested
her friendly disposition, and what is more,
seems to be duly impressed with the interest she has
in being at peace with us. G. B., however intoxicated
with her maritime ascendency is more dependent
every day on our commerce for her resources,
must for a considerable length of time look in a
great degree to this Country, for bread for herself,
and absolutely for all the necessaries for her islands.
The prospect of a Northern Confederacy of Neutrals
cannot fail, in several views, to inspire caution &
management towards the U. S. especially as, in the
event of war or interruption of commerce with the
Baltic, the essential article of naval Stores can be
sought here only. Besides these cogent motives to
peace and moderation, her subjects will not fail to
remind her of the great pecuniary pledge they have
in this Country, adn which under any interruption

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of peace or commerce with it, must fall under great
embarrassments, if nothing worse.—As I have not
restrained my pen from this hasty effusion, I will add
for your consideration one other remark on the
subject. Should it be found that G. B. means to
oppose pretensions drawn from her Treaty, to any
part of the late one with F. may she not be diverted
from it, by the idea of driving us into the necessity
of soothing France, by stipulations to take effect at
the expiration of the Treaty with G. B. and that wd.
be a bar to the renewal of the latter. Or in case
the pretensions of G. B. should defeat the Treaty now
before the Senate, might not such an expedient be
made a plaister for the wound given to F?

My health still suffers from several complaints,
and I am much afraid that any changes that may
take place are not likely to be for the better. The
age and very declining state of my father are making
also daily claims on my attention, and from appearances
it may not be long before these claims may
acquire their full force. All these considerations
mingle themselves very seriously with one of the
eventual arrangements contemplated. It is not my
purpose however to retract what has passed in conversation
between us on that head. But I cannot
see the necessity, and I extremely doubt the propriety,
should the contest in hand issue as is most probable,
of my anticipating a relinquishment of my home. I
cannot but think, & feel that there will be an awkwardness
to use the softest term, in appearing on the
political Theatre before I could be considered as


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regularly called to it, and even before the commencement
of the authority from which the call would
proceed. Were any solid advantage at stake, this
scruple might be the less applicable, but it does not
occur that the difference of not very many days,
can be at all material. As little can I admit that the
circumstance of my participation in the Ex. business,
could have any such effect on either the majority or
minority as has occurred; or if a partiality in any
particular friends could be gratified by a knowledge
of such an arrangement, that the end would not be as
well attained by its being otherwise made known to
them that it was to take place, as by its being announced
by my appearance on the spot. I only add
that I am sensible of the obligation of respecting your
conclusion whatever it may finally be, but I cannot
but hope that it may be influenced by the considerations
which I have taken the liberty to hint.

You may recollect a difficulty suggested in makg.
appts. witht. a Senate, in case of resignations prior
to March
4. How have you solved it?

 
[137]

Pickering is meant. See Hamilton's pamphlet in Works of
Hamilton
(Lodge) vi, 391.

[138]

Ellsworth.

[139]

Davie.