### *James Madison to Thomas Jefferson, Mar. 19^th^, 1787*

Dear Sir N. York. March 19th. 1787.

My last was of the 11th of Feby. and went by the Packet. This will go to
England in the care of a French gentleman who will consign it to the
care of Mr. Adams.

The appointments for the Convention go on auspiciously. Since my last
Georgia, S. Carolina, N. York, Massts. and N. Hampshire have come into
the measure. The first and last of these States have commissioned their
delegates to Congress, their representatives in Convention. The
deputation of Massts. consists of Messrs. Ghoram, Dana, King, Gerry, and
Strong. That of N. York, Messrs. Hamilton, Yates & Lansing. That of S.
Carolina, Messrs. J. Rutlidge, Laurens, Pinkney (General) Butler, and
Chas. Pinkney lately member of Congress. The States which have not yet
appointed are R. Island, Connecticut, and Maryland. The latter has taken
measures which prove her intention to appoint, and the two former it is
not doubted will follow the example of their neighbours. I just learn
from the Governor of Virginia that Mr. Henry has resigned his place in
the deputation from that State, and that Genl. Nelson is put into it by
the Executive who were authorized to fill vacancies. The Governor, Mr.
Wythe & Mr. Blair will attend, and some hopes are entertained of Col.
Mason\'s attendance. Genl. Washington has prudently authorized no
expectations of his attendance, but has not either precluded himself
absolutely from stepping into that field if the crisis should demand it.
What may be the result of this political experiment cannot be foreseen.
The difficulties which present themselves are on one side almost
sufficient to dismay the most sanguine, whilst on the other side the
most timid are compelled to encounter them by the mortal diseases of the
existing constitution. These diseases need not be pointed out to you who
so well understand them. Suffice it to say that they are at present
marked by symptoms which are truly alarming, which have tainted the
faith of the most orthodox republicans, and which challenge from the
votaries of liberty every concession in favor of stable Government not
infringing fundamental principles, as the only security against an
opposite extreme of our present situation. I think myself that it will
be expedient in the first place to lay the foundation of the new system
in such a ratification by the people themselves of the several States as
will render it clearly paramount to their Legislative authorities. 2dly.
Over & above the positive power of regulating trade and sundry other
matters in which uniformity is proper, to arm the federal head with a
negative in all cases whatsoever on the local Legislatures. Without this
defensive power experience and reflection have satisfied me that however
ample the federal powers may be made, or however Clearly their
boundaries may be delineated, on paper, they will be easily and
continually baffled by the Legislative sovereignties of the States. The
effects of this provision would be not only to guard the national rights
and interests against invasion, but also to restrain the States from
thwarting and molesting each other, and even from oppressing the
minority within themselves by paper money and other unrighteous measures
which favor the interest of the majority. In order to render the
exercise of such a negative prerogative convenient, an emanation of it
must be vested in some set of men within the several States so far as to
enable them to give a temporary sanction to laws of immediate necessity.
3dly. to change the principle of Representation in the federal system.
Whilst the execution of the Acts of Congs. depends on the several
legislatures, the equality of votes does not destroy the inequality of
importance and influence in the States. But in case of such an
augmentation of the federal power as will render it efficient without
the intervention of the Legislatures, a vote in the general Councils
from Delaware would be of equal value with one from Massts. or Virginia.
This change therefore is just. I think also it will be practicable. A
majority of the States conceive that they will be gainers by it. It is
recommended to the Eastern States by the actual superiority of their
populousness, and to the Southern by their expected superiority. And if
a majority of the larger States concur, the fewer and smaller States
must finally bend to them. This point being gained, many of the
objections now urged in the leading States agst. renunciations of power
will vanish. 4thly. to organise the federal powers in such a manner as
not to blend together those which ought to be exercised by separate
departments. The limited powers now vested in Congs. are frequently
mismanaged from the want of such a distribution of them. What would be
the case, under an enlargement not only of the powers, but the number,
of the federal Representatives? These are some of the leading ideas
which have occurred to me, but which may appear to others as improper,
as they appear to me necessary.\
Congress have continued so thin as to be incompetent to the despatch of
the more important business before them. We have at present nine States
and it is not improbable that something may now be done. The report of
Mr. Jay on the mutual violations of the Treaty of peace will be among
the first subjects of deliberation.(1) He {favors the British claim of
interest}(2) but {refers} the {question to the court}. The amount of the
{report which is an able one} is that the {treaty should} be {put in
force} as a {law and the exposition of it} left like that {of other laws
to the ordinary tribunals}.

The {Spanish project sleeps. A} perusal of the {attempt of seven states}
to make a {new treaty by repealing} an {essential condition of the old}
satisfied me that Mr. {Jay\'s caution} would {revolt at so irregular a
sanction}. A late accidental conversation with {Guardoqui proved to me}
that the {negociation is arrested}.(3) It may appear strange that a
member of {Congress should be indebted to a foreign minister} for {such
information yet such} is the {footing on which} the {intemperance} of
{party has put the matter} that it rests wholly with {Mr. Jay how far
he} will {communicate with Congress} as well as {how far he will
negociate with Guardoqui}. But although it appears that the intended
{sacrifice of} the {Missisipi will not be made}, the {consequences of
the intention} and the {attempt are likely to be very serious}. I have
already made known to you the light in which the subject was {taken up
by Virginia}.(4) Mr. {Henry\'s disgust exceeded all measure} and I am
not singular in ascribing his refusal to {attend the Convention} to the
{policy of keeping himself free} to {combat or espouse the result of it
according} to the result {of the Missisipi business among other
circumstances. North Carolina also} has given {pointed instructions} to
{her delegates, so has New Jersey}. A {proposition} for the {like
purpose} was a {few days ago made in the legislature of Pennsylvania}
but went off without a {decision on its merits. Her delegates in
Congress are equally divided} on the subject. The tendency of this
{project} to {foment distrusts among the Atlantic states} at a {crisis
when harmony} and {confidence ought to have been} studiously {cherished}
has not been more {verified than its predicted effect} on the
{ultramontane-settlements}. I have credible information that the people
{living on the western waters are already in great agitation and are}
taking {measures for uniting their consultations}. The {ambition} of
{individuals} will {quickly mix itself} with the {original motives of
resentment and interest}. A {communication will gradually} take place
{with their British neighbors}. They will be {led to set up for
themselves} to {seize on the vacant lands} to {entice emigrants(5) by
bounties} and an {exemption from federal burdens} and in all respects to
{play the part of Vermont on a larger theatre}. It is {hinted to me}
that {British partisans} are already {feeling the pulse} of some of the
{Western settlements}. Should these {apprehensions not be imaginary
Spain may have equal reason} with the {United States to rue the
unnatural attempt to shut the Missisipi. Guardoqui has been admonished}
of {the danger} and I believe {is not insensible to it tho\'} he
{affects to be otherwise} and {talks} as if the dependance of {Britain
on the commercial favors of his court} would {induce her to play into
the hands of Spain}. The eye of {France also can not fail to watch over
the western prospects}. I learn from those who {confer here with Otto
and de la Forest} that they {favor the opening of the Missisipi}
dis{claim\[in\]g at the same time any authority to} speak the
{sentiments of their court}. I find that the {Virginia delegates during
the Missisipi discussions} last {fall entered into very confidential
interviews with these gentlemen}. In one of them the {idea was
communicated to Otto} of {opening the Missisipi for exports} but {not
for imports} and {of giving to France and Spain} some {exclusive
privileges in the trade}.(6) He {promised} to transmit it to {Vergennes
to obtain his sentiments} on the {whole matter} and {to communicate them
to the delegates}. Not long {since Grayson called on him} and {revived
the subject}. He as{sured G\-\--;\-\--;} that {he had received no answer
from(7) France} and signified his {wish that you might pump the Count de
Vergennes observing that he would deny to you his having received any
information from America}. I {discover thro} several {channels that it
would be} very {grateful to the French politicians here to see our
negociations with Spain shifted into your hands} and {carried on under
the mediating auspices of their court}.(8)

{Van Berkel has remonstrated against the} late {acts of Virginia giving
privileges to French wines and brandies in French bottoms, contending}
that the {Dutch are entitled} by {their treaty to equal exemptions} with
the {most favored nation without being subject to a compensation for
them}. Mr. {Jay has reported against this construction} but considers
the {act of Virginia as violating the treaty} first {because it appears
to be gratuitous} not {compensatory on the face of it}. Secondly
{because the states have no right to form tacit compacts} with {foreign
nations}. No decision of Congress has yet taken place on the subject.(9)

The expedition under General Lincoln agst. the insurgents has
effectually succeeded in dispersing them. Whether the calm which he has
restored will be durable or not is uncertain. From the precautions
taking by the Govt. of Massts. it would seem as if their apprehensions
were not extinguished. Besides disarming and disfranchising for a
limited time those who have been in arms, as a condition of their
pardon, a military corps is to be raised to the amount of 1000, or 1500
men, and to be stationed in the most suspected districts. It is said
that notwithstanding these specimens of the temper of the Government, a
great proportion of the offenders chuse rather to risk the consequences
of their treason, than submit to the conditions annexed to the amnesty,
that they not only appear openly on public occasions but distinguish
themselves by badges of their character, and that this insolence is in
many instances countenanced by no less decisive marks of popular favor
than elections to local offices of trust & authority.

A proposition is before the Legislature of this State now sitting for
renouncing its pretensions to Vermont, and urging the admission of it
into the Confederacy. The different parties are not agreed as to the
form in which the renunciation should be made, but are likely to agree
as to the substance. Should the offer be made, and Vermont should not
reject it altogether I think they will insist on two stipulations at
least, 1st. that their becoming parties to the Confederation shall not
subject their boundaries, or the rights of their citizens to be
questioned under the 9th art. 2dly. that they shall not be subject to
any part of the public debts already contracted.

The Geographer and his assistants have returned surveys on the federal
lands to the amount of about 800,000 Acres which it is supposed would
sell pretty readily for public securities, and some of it lying on the
Ohio even for specie. It will be difficult however to {get proper steps
taken by Congress, so many of the states having} now {lands of their own
at market}. It is supposed that this consideration had {some share in
the zeal for shutting the Missisipi. New Jersey} and some others {having
no western lands} which {favored this measure} begin now to {penetrate
the secret}.

A letter from the Govr. of Virga. informs me that paper money is
beginning to recover from the blow given it at the last Session of the
Legislature. {If Mr. Henry espouses it, of which} there is {little doubt
I think an emission will take place}. The Governor mentions the death of
Col A. Cary speaker of the Senate.

This letter will be accompanied by another inclosing a few Peccan
Nuts.(10) When I sent the latter to the Gentleman who is charged with
it, I doubted whether I should be able to finish this in time, and I
only succeed by having written to the last moment. Adieu.

Yrs. Afey.,

Js. Madison Jr

RC (DLC: Madison Papers). Madison, Papers (Rutland), 9:317\--;22. For
flaws in the text of this letter in the early editions of Madison\'s
papers and a comparison of the present text with a partial transcript of
it made in 1834 by Nicholas P. Trist, see ibid., p. 322, document note
and notes 1\--;5.\
1 John Jay\'s lengthy report of October 13, 1786, was taken up the
following day, for which see Madison\'s Notes of Debates, March 20.\
2 Words printed in braces in this text were written by Madison in
cipher.\
3 For evidence that Madison\'s and William Bingham\'s interview with the
Spanish minister was far from \"accidental,\" see Madison\'s Notes of
Debates, March 13. For the Virginia delegates\' subsequent meeting with
Gardoqui, see Madison\'s Notes of Debates, March 29.\
4 See Madison\'s letters to Jefferson of August 12 and December 4, 1786,
in Madison, Papers (Rutland), 9:93\--;99, 189\--;92, and his letter of
February 11 in this volume.\
5 \"Emigrants\" supplied by Jefferson, for which Madison had omitted the
code.\
6 See the Virginia Delegates\' Motion, August 21, 1786.\
7 Madison interlined this word at a later time.\
8 For Madison\'s April 18 motion to authorize Jefferson to negotiate
with Madrid, John Jay\'s unfavorable April 20 report on that motion, and
the April 23 debate on the issue, see JCC, 32:210, 217\--;20; and
Madison\'s Notes of Debates, April 23.\
9 See Virginia Delegates to Edmund Randolph, March 5, note 1.\
10 For this brief March 18 letter, see Madison, Papers (Rutland),
9:313\--;14.

***Letters of Delegates to Congress: Volume 24 November 6, 1786-February
29, 1788\
***