Title: To James Madison from John Moore, 9 January 1792
From: Moore, John
To: Madison, James

Dear Sir.Carlisle Janury 9th. 1792.
I embrace this opportunity by Mr. MCAlister the gentleman with whom I lodge, to inform you that I am under the necessity of calling on you for pecuniary aid, which my Father informed me he intended to lodge in your hands for my support while I remained at College, & also directed me to draw on you whenever my necessities required it, but not having a convenient opportunity on which I could rely with safety, I thought it most proper to postpone it untill the present, but should have written to you before this had it not been owing to the circumstance abovementioned; my demand for money is very great & has been so for a considerable time past & will still continue to be so untill I get supplied from you, as I have no other resource to make application to, & hope should it be convenient to you, that you will let Mr. MCAlister have about four half joes, as my exigencies will require about that sum at present. Sir your complying with the above request will oblige your most obedient humble servt
John Moore


Title: Low Postage for Newspapers, [9 January] 1792
From: Madison, James
To:

[9 January 1792]

   On 9 January the post office bill was read a third time. Murray moved to recommit and amend it by reducing the postage on newspapers from one to one-half cent. It was objected that a motion to recommit the entire bill for the purpose of amending a particular section was out of order.

Mr. Madison supposed that so small an amend⟨ment⟩ might be made by the genera! consent of the House; ⟨but⟩ he would be sorry to re-commit the whole bill, alth⟨ough⟩ he thought the amendment proposed by Mr. Murr⟨ay of⟩ the greatest importance; as to rate the postage of ne⟨ws-pa⟩pers above half a cent, amounted to a prohibition in ⟨effect⟩ of the distribution of knowledge and information thr⟨ough⟩out the Union.


Title: To James Madison from Thomas Jefferson, 12 January 1792
From: Jefferson, Thomas
To: Madison, James

Th: J. to J. M.Thursday morning. Jany. 12. 1792
I received the inclosed late last night, and it is not in my power to see mr. H. this morning. If you can with satisfaction to yourself broach to him what Monroe proposes, well. If not, it must take it’s chance.

[Enclosure]
Dear SirThursday 9-oclock. [11] Jany. 1792
You will have heard that upon the discussion of G. M.’s merits, the foreign business was postponed untill tomorrow, nothing having been done respecting the Hague. The order of proceeding required that a similar question shod. have been taken respecting that court that had been as to the others. But owing I presume to the friends of the gentn. in nomination for it, being in opposition to the system, it was impossible it shod. proceed from them—and the friends of the others being gratified in opening the door for them, were regardless of any other object. Tis important for Mr. S. that the question shod. be previously taken, and I can devise no means of accomplishing it, so effecatious as your communicating it to Mr. Hawkins, either personally or thro Mr. Madison & as soon as possible.
The communication respecting the missisippi, after adjournment, led to a conversation, introduced by Mr. Izard countenanced by my colleague & supported by Cabot, wherein the policy of opening it was strongly reprehended. The arguments in its favor were those of a quondam party; but the ill-success of the military operations have given them new force. As I presume you have heard what passed in the other business & shall omit any thing farther at present. Yrs. affectionately
Jas. Monroe


Title: Memorandum on Specie, post 12 January 1792 (Abstract)
From: Madison, James
To:

Abstract. Post 12 January 1792. Calculates the standard alloy and pure silver content of the dollar as proposed by the Senate and incorporated in the Mint Act of 1792. “The vote of the Senate reduces the dollar from 375.64 gs pure metal to 371.25.”


Title: To James Madison from Daniel Carroll, 18 January 1792
From: Carroll, Daniel
To: Madison, James

My dear Sir,George Town Jany. 18th. 1792.
Your favor of the 10th came to hand. I see by the papers that Mr. Benson has brought forward the Subject on representation. May it be discus’d with temper, & concluded to general satisfaction. Have you look’d forward to a time to be the period of yr. session? You seem to me to have progressd but a little way, considerring how much yr. predecessors had clear’d it for you.
My Comps. to Mr Carroll from whom I expect to hear soon. Soon after the Commsrs adjournd last week Mr. Roberdeau proceeded to work contrary to their orders. Mr Johnson who had only left us but a few days, returnd yesterday from home & we expect Docr Stuart to day.
I found on comeing to Town a most infamous slander had been handed about in small circles for some time, & had just bursted forth that Mr George Brent had information given him of the extent of the Commissioners orders, for the purchase of his quarries, and it was understood (tho’ not as vet I can learn by name) thro’ me. I have allready traced this matter some way, & shall take such measures as may be proper. I can with truth say that I was never on any occasion more satisfied with my conduct than on this—indeed I have been scrupulously nice. This to you I know to be equal to an oath. Satisfaction in my own mind is my first wish—it is agreable however to have it in my power to confound, & I hope to punish the Slanderers. Yrs. Dr Sr. Affy
Danl Carroll

P. S. My character is dear to me, use the above information respecting myself as may appear to you to be proper.


Title: For the National Gazette, 18 January 1792
From: Madison, James
To:

Jan. 18. [1792]

Charters.
In Europe, charters of liberty have been granted by power. America has set the example and France has followed it, of charters of power granted by liberty. This revolution in the practice of the world, may, with an honest praise, be pronounced the most triumphant epoch of its history, and the most consoling presage of its happiness. We look back, already, with astonishment, at the daring outrages committed by despotism, on the reason and the rights of man; We look forward with joy, to the period, when it shall be despoiled of all its usurpations, and bound for ever in the chains, with which it had loaded its miserable victims.
In proportion to the value of this revolution; in proportion to the importance of instruments, every word of which decides a question between power and liberty; in proportion to the solemnity of acts, proclaiming the will, and authenticated by the seal of the people, the only earthly source of authority, ought to be the vigilance with which they are guarded by every citizen in private life, and the circumspection with which they are executed by every citizen in public trust.
As compacts, charters of government are superior in obligation to all others, because they give effect to all others. As trusts, none can be more sacred, because they are bound on the conscience by the religious sanctions of an oath. As metes and bounds of government, they transcend all other land-marks, because every public usurpation is an encroachment on the private right, not of one, but of all.
The citizens of the United States have peculiar motives to support the energy of their constitutional charters.

Having originated the experiment, their merit will be estimated by its success.
The complicated form of their political system, arising from the partition of government between the states and the union, and from the separations and subdivisions of the several departments in each, requires a more than common reverence for the authority which is to preserve order thro’ the whole.
Being republicans, they must be anxious to establish the efficacy of popular charters, in defending liberty against power, and power against licentiousness: and in keeping every portion of power within its proper limits; by this means discomfiting the partizans of anti-republican contrivances for the purpose.
All power has been traced up to opinion. The stability of all governments and security of all rights may be traced to the same source. The most arbitrary government is controuled where the public opinion is fixed. The despot of Constantinople dares not lay a new tax, because every slave thinks he ought not. The most systematic governments are turned by the slightest impulse from their regular path, when the public opinion no longer holds them in it. We see at this moment the executive magistrate of Great-Britain, exercising under the authority of the representatives of the people, a legislative power over the West-India commerce.
How devoutly is it to be wished, then, that the public opinion of the United States should be enlightened; that it should attach itself to their governments as delineated in the great charters, derived not from the usurped power of kings, but from the legitimate authority of the people; and that it should guarantee, with a holy zeal, these political scriptures from every attempt to add to or diminish from them. Liberty and order will never be perfectly safe, until a trespass on the constitutional provisions for either, shall be felt with the same keenness that resents an invasion of the dearest rights; until every citizen shall be an Argus to espy, and an Ægeon to avenge, the unhallowed deed.


Title: From James Madison to Henry Lee, 21 January 1792
From: Madison, James
To: Lee, Henry

My dear Sir,Philada. Jany. 21st. 1792
On the receipt of your favour of the 9th. I communicated to Mr. Freneau the complaint of his subscribers. He answers me that the papers have been punctually sent under the best precautions allowed by the present mode of conveyance. The post Office bill now depending aims at an admission of newspapers into the mail, which will increase the expense somewhat of the subscribers, but will alone secure their papers agt. the casualties to which they are now exposed.
You ask how the clause in our answer to the President’s speech came to be so reported by a committee in which my name stands first. You should have considered that one member can never be responsible for an act in which he is associated with two others, & it may be readily conceived from some ingredients in the Report, that if my palate alone had been consulted, the cookery would not have been precisely as it was. But have I not a still better justification? The terms “in the degree &c” qualify, & were meant by myself, at least, to qualify the reverberation of the Speech. And is it not true that the U. S. tho’ enjoying less prosperity than is usually represented, owe their prosperity in a degree, tho’ by no means in the extravagant degree pretended by interested sycophants, to the establishment & influence of the Genl. Govt. That our situation is not as good as it might & ought, & I hope will yet be made, is admitted; but that it is better in many respects than it would have been under the old system will hardly be denied. The restraints imposed by the constitution on certain abuses of State Legislation & the uniformity & stability substituted by the regulations of commerce, in place of the fickle & interfering laws of the States, would alone give rational meaning to the expressions which are (here follows a word which I cannot make out. It is written as nearly as I can represent it thus—) criticised. With respect to the general spirit of the administration you already know how far my ideas square with yours. You know also how extremely offensive some particular measures have been; & I will frankly own, (though the remark is for yourself alone at present) that if they should be followed by the usurpation of power recommended in the report on manufactures, I shall consider the fundamental & characteristic principle of the Govt. as subverted. It will no longer be a Govert. possessing special powers taken from the General Mass, but one possessing the genl. mass with special powers reserved out of it. And this change will take place in defiance of the true & universal construction, & of the sense in which the instrument is known to have been proposed, advocated & ratified. Whether the people of this country will submit to a constitution not established by themselves, but imposed on them by their rulers, is a problem to be solved by the event alone. It must unquestionably be the wish of all who are friendly to their rights, that their situation should be understood by them, & that they should have as fair an opportunity as possible of judging for themselves.
The House of Reps. have been engaged for several days with shut doors on the communications from the President relating to the Western frontier. There is a general disposition to make the protection effectual, but nothing like unanimity as to the means. It is probable that much will be left to the judt. of the President—at the same time that the military Command will be made of more consequence than heretofore. Tell me freely, for it shall be in due confidence, what, in case your name should be in consideration, ought to be the language of your friends with regard to your inclinations. Whilst I ask this question it is proper to observe it is the mere suggestion of my own mind, & that the supposition to which it relates is to myself a pure contingency. I wish it to be also understood, that in asking the question I mean not to insinuate any decided opinion or bias as to the answer it may receive. I am deeply impressed with the magnitude of the trust alluded to, but I am not less so with that of the one you now hold. The latter has doubtless its unimportant aspects. It has others, however, which make it extremely desirable that it should be in good hands. One is particularly presented by the interior improvements of the State which are promised by your auspices & energy, & I have contemplated them with equal pleasure & hope, from the moment your election was announced. I cannot yet say when the session will end nor where I shall pass the summer—most probably in Orange. Yours always & affecly.
James Madison Jr.


Title: From James Madison to Edmund Pendleton, 21 January 1792
From: Madison, James
To: Pendleton, Edmund

Dear SirPhilada. Jany. 21. 1792
I have delayed for some time writing in the daily expectation that I should be able to resume the subject of the Representation-bill the progress & fate of which were mentioned in my last. A motion for reviving it in another form has been some days on the table and is now the order of the day, but has been kept back partly by a general torpor resulting from the critical loss of the bill and partly by the interference of other business. The motion alluded to proposes, as compensation for the present inequality of fractions, a repetition of the Census in 4 or 5 years, which will have not only the effect of shortening the term of the fractions complaind of, but of preventing the accumulation of much greater inequalities within a period of ten years. This expedient is relished generally by the Southern States, & by N. York & Vermont which are growing States. It will be equally unpalatable to Massts. Connt. &c. which are very willing to take the benefit of the future operation of an apportionment for ten years, altho’ they raise so great an outcry agst. the little fractional advantage accruing to other States from the ratio of 1 for 30,000.
The House of Reps. has been occupied for some days with shut doors on the communications of the President relating to the Western Frontiers. There is a pretty general disposition to make the protection effectual; but a great want of unanimity as to the best means. It is probable that much will be left to the Judgment of the President; and it is to be hoped that the lessons of past experience will not be without effect.
I have reserved for you a copy of the Report of the Secretary of the Treasury on Manufactures for which I hoped to have found before this a private conveyance, it being rather bulky for the mail. Having not yet succeeded in hitting on an opportunity, I send you a part of it in a newspaper which broaches a new constitutional doctrine of vast consequence and demanding the serious attention of the public, I consider it myself as subverting the fundamental and characteristic principle of the Government, as contrary to the true & fair, as well as the received construction, and as bidding defiance to the sense in which the Constitution is known to have been proposed, advocated and adopted. If Congress can do whatever in their discretion can be done by money, and will promote the general welfare, the Government is no longer a limited one possessing enumerated powers, but an indefinite one subject to particular exceptions. It is to be remarked that the phrase out of which this doctrine is elaborated, is copied from the old articles of Confederation, where it was always understood as nothing more than a general caption to the specified powers, and it is a fact that it was preferred in the new instrument for that very reason as less liable than any other to misconstruction. Remaining always & most Affecly yours
Js. Madison Jr


Title: To James Madison from John Townes, 21 January 1792
From: Townes, John
To: Madison, James

Sir,Easton 21th. Jany 1792
From your publick exertions in behalf of the late continential Officers for their losses sustained, in the final settlements made with Congress and at the Conclusion of piece—prompts me as a Countreyman of yours & an officer of that State (Virginia) on that and a Semiler circumstance and beg you will please honr. me with your advice and oppinion on the same (But first, I will do myself the honr. to inform you that I had the pleasure to be introduced to, and dined with you and Colo. Grayson at Mrs Houses in 1781. immedeatily after my being Exchanged from Captivity. I was taken at the Seige of Charlstown).
I was an Officer in Colo. Morgans Regiment of Rifelmen and appointed in Virginia (Amelia) County in 1776 and serv’d in the armey untill March 1782; When I found from certain imbarresments Occaisioned by the badness of the Continential money and my haveing been better then a year a prisoner of war I was Oblig’d to resign.
I then applyed to the Continential Commissioners then setting in Philadelphia for a settlement which was soon done and paid in the then Currancy (a Certificate) for three or four hundred pounds which I kept till necessity Oblig’d me to part with it—for which I only got thirty pounds from the then broker to the financere (One Hame Solomons) which then appear’d to be the price Currant for our labours. I then applyed to the State of Virginia for settlement, and Obtained another of £435.15.6. Virga. currancy signed By H: Randolph & Jno. Pendleton which I kept untill Grim necessity Oblig’d me to let that go, for the price currant, & one Solomon Lions now in Phia. got it for a £100. pennsa mony.
So that for near a thousand pounds for my services I only got one hundred and thirty. But sir my princpal motive for entrudeing on your godness and patiance; is to no if I can get the milatary lands to each Officer by a petition to Congress as I am informed that in consquenc⟨e⟩ of my resigning before the armey was disbanded I am excluded from that trifling considerration. I beg you will please honr. me with a few lines on the above requests—pray if any act of congress or of Virga. has passed since 1783 in favor of the Virga Officers please let me know. And for your labours in Congress In behalf of the late Officers of the American—I beg you will please except of my sinceare and unfeigned thanks and good wishes for your noble exertions to releive the injured and distresed part of your fellow Citizens. I have the honr. to be sir with much respect & Esteem your most Obdt. & Very Humb st
John Townes


Title: For the National Gazette, [ca. 23 January] 1792
From: Madison, James
To:

[ca. 23 January 1792]

Parties.
In every political society, parties are unavoidable. A difference of interests, real or supposed, is the most natural and fruitful source of them. The great object should be to combat the evil: 1. By establishing a political equality among all. 2. By withholding unnecessary opportunities from a few, to increase the inequality of property, by an immoderate, and especially an unmerited, accumulation of riches. 3. By the silent operation of laws, which, without violating the rights of property, reduce extreme wealth towards a state of mediocrity, and raise extreme indigence towards a state of comfort. 4. By abstaining from measures which operate differently on different interests, and particularly such as favor one interest at the expence of another. 5. By making one party a check on the other, so far as the existence of parties cannot be prevented, nor their views accommodated. If this is not the language of reason, it is that of republicanism.

In all political societies, different interests and parties arise out of the nature of things, and the great art of politicians lies in making them checks and balances to each other. Let us then increase these natural distinctions by favoring an inequality of property; and let us add to them artificial distinctions, by establishing kings, and nobles, and plebeians. We shall then have the more checks to oppose to each other: we shall then have the more scales and the more weights to perfect and maintain the equilibrium. This is as little the voice of reason, as it is that of republicanism.
From the expediency, in politics, of making natural parties, mutual checks on each other, to infer the propriety of creating artificial parties, in order to form them into mutual checks, is not less absurd than it would be in ethics, to say, that new vices ought to be promoted, where they would counteract each other, because this use may be made of existing vices.


Title: Proportional Representation, [24 January] 1792
From: Madison, James
To:

[24 January 1792]

   The Committee of the Whole considered a resolution to break the impasse with the Senate over apportionment by providing for a second census and reapportioning the House in 1797. An amendment was proposed allowing no lower ratio of representation than 1:30,000. “Mr. Madison observed, that as the final decision of the question must be made by a majority of the house, it was immaterial, whether it was made the subject of present or of future discussion; but since the house found so great difficulty in filling up the blank, he thought it improper that a select committee should have the power of doing it: even if they did fill it up, their decision would not be conclusive, though it might tend to embarrass the house: he wished therefore, either that the ratio should be previously fixed, or the committee directed to report it blank” (Dunlap’s Am. Daily Advertiser, 26 Jan. 1792). Gerry said his colleagues took one side or another “and wished to vary the ratio, as would best suit particular states.” The amended resolution was passed by the committee and taken up by the House.

Mr. Madison insisted on the propriety of providing beforehand for the census which is next to take place, in such manner, as to render it impossible for local calculations to intrude on the business. If the principle of equality was of one tenth part of the importance that some gentlemen contended for, surely some precautions ought to be taken to guard against those inequalities that will every day take place, and will by far exceed those which have already agitated the house so much: If it be an evil that one state should have greater unrepresented fractions than another, it would be a much greater evil, that any one state should be deprived of perhaps three or four members, to whom she has a right. Gentlemen seemed to think that the larger states would not suffer so much from those inequalities, as the smaller ones; but he would ask, whether the people in every part of the United States were not to be considered as equal on the floor of Congress: ten or twenty thousand citizens of New-York, North-Carolina, or Virginia, when considered in relation to the house, were of as much consequence, as the same number in Rhode-Island or Delaware; it is not to be considered, whether such a surplus rises from ten Representatives or from a single one.
He could see no objection to the measure but the expense attending it: but he did not think the expense ought to be put in competition with the advantages that would result from it: he thought even that there would be a considerable saving of expense, in settling the matter beforehand, when much less time will be spent in debate: had the question been determined at the last session, it would not have cost the community one tenth part of what it has cost them.


Title: For the National Gazette, 28 January 1792
From: Madison, James
To:

Jan. ⟨2⟩8. [1792]

British Government.
The boasted equilibrium of this government, (so far as it is a reality) is maintained less by the distribution of its powers, than by the force of public opinion. If the nation were in favour of absolute monarchy, the public liberty would soon be surrendered by their representatives. If a republican form of government were preferred, how could the monarch resist the national will? Were the public opinion neutral only, and the public voice silent, ambition in the House of commons could wrest from him his prerogatives, or the avarice of its members, might sell to him its privileges.

The provision required for the civil list, at every accession of a king, shews at once his dependence on the representative branch, and its dependence on the public opinion. Were this establishment to be made from year to year, instead of being made for life (a change within the legislative power) the monarchy, unless maintained by corruption, would dwindle into a name. In the present temper of the nation, however, they would obstruct such a change, by taking side with their king, against their representatives.
Those who ascribe the preservation of the British government to the form in which its powers are distributed and balanced, forget the revolutions which it has undergone. Compare its primitive with its present form.
A king at the head of 7 or 800 barons, sitting together in their own right, or (admitting another hypothesis) some in their own right, others as representatives of a few lesser barons, but still sitting together as a single House; and the judges holding their offices during the pleasure of the king; such was the British government at one period.
At present a king is seen at the head of a legislature, consisting of two Houses, each jealous of the other, one sitting in their own right, the other representing the people; and the judges forming a distinct and independent department.
In the first case the judiciary is annexed to the executive, and the legislature not even formed into separate branches: In the second, the legislative, executive and judiciary are distinct; and the legislative subdivided into rival branches.
What a contrast in these forms? If the latter be self balanced, the former could have no balance at all. Yet the former subsisted as well as the latter, and lasted longer than the latter, dating it from 1688, has been tried.
The former was supported by the opinion and circumstances of the times, like many of the intermediate variations, through which the government has passed; and as will be supported, the future forms through which it probably remains to be conducted, by the progress of reason, and change of circumstances.


Title: From James Madison to Henry Lee, 29 January 1792
From: Madison, James
To: Lee, Henry

My Dear sirPhila. Jan. 29th 1792
Mr. Marshall called last evening with your favor of the 17th. but not being at home, I have not yet seen him.
Our weather here corresponds with that you describe, except perhaps we have less snow and more cold. The snow is 7 or 8 Inches only. Farther North, as well as South, it is said to be much deeper. The Subject of Western defence is not yet over. In relation to it, I have nothing to add to the communications in my last. You will see in Freneau’s paper of tomorrow morning the justifying Memorial of the Executive against the charge of neglecting the requisite pacific measures.
Your ideas of reformation in the Western System appear to me to be just in every point on which I can presume to judge. I wish they may occur to those who can give them due effect. Yrs always Most Sincerely
Js Madison jr


Title: To James Madison from Henry Lee, 29 January 1792
From: Lee, Henry
To: Madison, James

My dear sirRichmond Jany 29 1792
I received last night your letter of the 21st. On reference to the post office the subscribers to Frenaus gazette found their respective papers generally.
I have read with attention your remarks to my observations on the first clause in the reply of your house to the presidential speech & while I acknowledge the commercial advantages enjoyed by the states since the adoption of the present Govt. and confess my discovery of various qualifications in the reply which my mind had attributed to your pen, yet I am not convinced of the inapplicability of my observations as they respect yourself. It seems to me that a mal administration never can be corrected by palliatives: open positive opposition alone can effect a change in measures. For the commercial advantages we are indebted to the constitution alone, which forbids partial regulations; our former distresses in that line resulted from this source, & our present good flows from its opposite. But we pay highly for this boon by an impost on importation. Then I conceive it is fair to assert that the people of the U. States have as yet tasted only the promised felicity and that too very scantily.
I admire the constitution, I reverence the principles on which it is founded & love affectionately the objects which it contemplated. All that grieves me is, the perverseness of its administration. The effects heretofore produced are spurious, but have been so successful as to render in my judgement a change of constitution in operation certain altho there will be no change for a long time in names. The longer is procrastinated the attempt of men like yourself to force administration into due obedience to the constitution, the more difficult & doubtful will the work be, and all acknowledgements in favor of the adopted measure form additional obstacles. To this opinion you must attribute the freedom of my letter of the 9h. inst.
The latter part of your letter affects my mind very sensibly, as indeed you will presume. There are very few to whom I could say a word on this subject, but there is no question you can propound to me which will not receive a frank & full answer.
Was I called upon by the president to command the next campaign, my respect for him would induce me to disregard every triffling obstruction which might oppose my acceptance of the office; such as my own repose the care of my three children & the happiness I enjoy in attention to their welfard [sic], and in the execution of the dutys of my present station.
As a citizen I hold myself bound to obey the will of my country in taking any part her interests may demand from me.
Therefore am I upon this occasion under a biass in favor of obedience to any claim which may be made on me.
Yet I profess I should require some essential stipulations; stipulations only to secure a favorable issue to the campaign.
The enemy are formidable, in my judgement the warfare is difficult in the extreme from causes belonging to the war itself.
Then I should reckon on having to contend against a gallant desperate people who understand the use of their arms perfectly and who are fighting pro aris & focis with a variety of difficultys interwoven in the nature & manner of the war.
Of course I could not engage in a fruitless effort, & I should consider the effort vain, unless the composition of the army was fitted for the war, the officers suitable, & the supplys abundant. A change in the arms & discipline of the troops I should require and as far as I now can judge in the route. These tho are particulars that would no doubt be granted if on full consideration my suggestions merit approbation.
One objection I should only have (the above conditions being acceded to) and that is the abandoning my native country to whose goodness I am so much indebted—no circumstance on earth could induce me to act a part however gratifying to me, which could be construed into disregard or forgetfulness of this C Wealth.
Nor can I think that a change of the sort now spoken of could justify any imputiations of ingratitude or impropriety. If you find me seriously thought on in this new character, I hope to receive your sentiments on this last point, and should be obliged to you for your farther information, that I might in my domestic affairs prepare for a change which if it comes, will come suddenly.
The campaign must open in July at farthest, or our prospects of success will be gloomy. Your aff friend
Henry Lee


Title: To James Madison from James Monroe, 30 January 1792
From: Monroe, James
To: Madison, James

Dear SirJany. 30. 1792.
I forget whether the deed of the Mk. land was made to you singly, or to us jointly, or severally. To the former a rect. specifying the object will do. In the latter case in either instance a conveyance will be necessary—as you are informed will you shape it & give it me for signature. I have no documents here of the State of our account. From memory I mention the following—you paid me in 1786. in this town 100 dolrs. & in Richmd. to Mr. Jones the same sum—the balance to the man in N. Yk. for the furniture in part—the deficiency between that sum & the price of the furniture I became in consequenc⟨e⟩ indebted to you. Afterwards I think you informed me Genl. Pinckney for majr Pinckney paid you here during the convention the sum of 100 dolrs. for me—accuracy in any respect I possess no⟨t⟩ here. If you have any difficulty abt. drawing the deed & will inform me of facts I will with pleasure execut⟨e⟩ it. I am with esteem yr. fnd. & servt
Jas. Monroe


Title: For the National Gazette, 31 January 1792
From: Madison, James
To:

Philadelphia, January 31, 1792.

Universal Peace.
Among the various reforms which have been offered to the world, the projects for universal peace have done the greatest honor to the hearts, though they seem to have done very little to the heads of their authors. Rousseau, the most distinguished of these philanthropists, has recommended a confederation of sovereigns, under a council of deputies, for the double purpose of arbitrating external controversies among nations, and of guaranteeing their respective governments against internal revolutions. He was aware, neither of the impossibility of executing his pacific plan among governments which feel so many allurements to war, nor, what is more extraordinary, of the tendency of his plan to perpetuate arbitrary power wherever it existed; and, by extinguishing the hope of one day seeing an end of oppression, to cut off the only source of consolation remaining to the oppressed.

A universal and perpetual peace, it is to be feared, is in the catalogue of events, which will never exist but in the imaginations of visionary philosophers, or in the breasts of benevolent enthusiasts. It is still however true, that war contains so much folly, as well as wickedness, that much is to be hoped from the progress of reason; and if any thing is to be hoped, every thing ought to be tried.
Wars may be divided into two classes; one flowing from the mere will of the government, the other according with the will of the society itself.
Those of the first class can no otherwise be prevented than by such a reformation of the government, as may identify its will with the will of the society. The project of Rousseau was, consequently, as preposterous as it was impotent. Instead of beginning with an external application, and even precluding internal remedies, he ought to have commenced with, and chiefly relied on the latter prescription.
He should have said, whilst war is to depend on those whose ambition, whose revenge, whose avidity, or whose caprice may contradict the sentiment of the community, and yet be uncontrouled by it; whilst war is to be declared by those who are to spend the public money, not by those who are to pay it; by those who are to direct the public forces, not by those who are to support them; by those whose power is to be raised, not by those whose chains may be riveted the disease must continue to be hereditary like the government of which it is the offspring. A⟨s⟩ the first step towards a cure, the government itself must be regenerated. Its will must be made subordinate to, or rather the same with, the will of the community.
Had Rousseau lived to see the constitutions of the United States and of France, his judgment might have escaped the censure to which his project has exposed it.
The other class of wars, corresponding with the public will, are less susceptible of remedy. There are antidotes, nevertheless, which may not be without their efficacy. As wars of the first class were to be prevented by subjecting the will of the government to the will of the society, those of the second, can only be controuled by subjecting the will of the society to the reason of the society; by establishing permanent and constitutional maxims of conduct, which may prevail over occasional impressions, and inconsiderate pursuits.
Here our republican philosopher might have proposed as a model to lawgivers, that war should not only be declared by the authority of the people, whose toils and treasures are to support its burdens, instead of the government which is to reap its fruits: but that each generation should be made to bear the burden of its own wars, instead of carrying them on, at the expence of other generations. And to give the fullest energy to his plan, he might have added, that each generation should not only bear its own burdens, but that the taxes composing them, should include a due proportion of such as by their direct operation keep the people awake, along with those, which being wrapped up in other payments, may leave them asleep, to misapplications of their money.
To the objection, if started, that where the benefits of war descend to succeeding generations, the burdens ought also to descend, he might have answered: that the exceptions could not be easily made; that, if attempted, they must be made by one only of the parties interested; that in the alternative of sacrificing exceptions to general rules, or of converting exceptions into general rules, the former is the lesser evil; that the expense of necessary wars, will never exceed the resources of an entire generation; that, in fine, the objection vanishes before the fact, that in every nation which has drawn on posterity for the support of its wars, the accumulated interest of its perpetual debts, has soon become more than a sufficient principal, for all its exigencies.
Were a nation to impose such restraints on itself, avarice would be sure to calculate the expences of ambition; in the equipoise of these passions, reason would be free to decide for the public good; and an ample reward would accrue to the state, first, from the avoidance of all its wars of folly, secondly, from the vigor of its unwasted resources for wars of necessity and defence. Were all nations to follow the example, the reward would be doubled to each; and the temple of Janus might be shut, never to be opened more.
Had Rousseau lived to see the rapid progress of reason and reformation, which the present day exhibits, the philanthropy which dictated his project would find a rich enjoyment in the scene before him: And after tracing the past frequency of wars to a will in the government independent of the will of the people; to the practice by each generation of taxing the principal of its debts on future generations; and to the facility with which each generation is seduced into assumptions of the interest, by the deceptive species of taxes which pay it; he would contemplate, in a reform of every government subjecting its will to that of the people, in a subjection of each generation to the payment of its own debts, and in a substitution of a more palpable, in place of an imperceptible mode of paying them, the only hope of universal and perpetual peace.


Title: To James Madison from Return Jonathan Meigs, 1 February 1792
From: Meigs, Return Jonathan
To: Madison, James

Dear Sir.Marietta 1st. February 1792.
I recollect that in the late session of Congress, You strongly urged the propriety of making a discrimination between the adventitious holders of Public securities & the original proprietors: but speculation prevailed—which has fixed thousands in a state of wretchedness without hope of recovery—Unless—some able independant characters will exert thier ability for thier relief. The Cincinnatis of New York, it was said, declared, that they did not wish a discrimination to be made. The declaration of a small number of Officers of one of the smallest lines of the old Army ought not to have had any effect on the deliberations of Congress in a matter of the greatest moment to the numerous objects that were to [be] affected by the determination of that matter: nor did they mean or intend to express thier Sentiment as to the right which the Army had to a compensation for the loss they sustained by the mode of the payment of their wages. Had the Sentiments of the Country been liberal or Just towards the Army at the close of the War, all dispute about discrimination, & all the evils which have followed from the depreciation of Public securities had never existed. The loss of seven Eighths of these securities has fallen upon the old Army & other Public Creditors and has been effected by Designing characters who artfully raised the populour Clamour to effect particular purposes foreign to thier then Ostensible views. The Citizens of the United States are therefore in Justice and equity bound to redress this evil. I know it will be objected, Shall we pay a great part of this Debt twice. I answer Yes. If by thier ungenerous conduct they destroyed Public Credit while these securities were in the hands of those to whom they were Justly due, & after they were by Craft & Speculation got into other hands for a song, agreed to pay thier nominal & Just value in specie, they ought to provide Funds to relieve those who have been ruined by thier own acts, and not continue a moment under the execrations of those, through whose instrumentality we are in great measure indebted for our Independance & happy Constitution. Some may (perhaps) say that the Men that composed the old Army are many of them Dead, many more too indigent & dependant to have any Influence, & the whole so dispersed as not to be able to make any efforts for redress. This is in part true. And if it is true—will the Legislature of the United States avail itself of these circumstances to seal down so many meritorious Citizens, thier Widows & Orphans to inextricable dependance & suffering. Heaven forbid it. Will not the Fathers of our Country devise & carry into effect some means of relief. When I observe our Newspaper Declamation on the Excellency of our Constitution—the happy administration of Gove[r]nment &c. &c. My feelings are extremely hurt—while I am an Eyewitness to the wretched State of so large a Class of Citizens who have a claim on this Boasted Government—for what—not for Charity: but for Justice. And shall they be denyed. If a remedy cannot be found that will reach every particular case, some general principle may be adopted in the application of the means in the hands of Government that would wipe the Tear from the Eye of unmerited Distress. Should the evil here complained of remain forever unredressed; it will be set down in the catalogue of errors, & may have its opperation at a future period in a premature dissolution of our most excellent form of Government.
I am sensible sir that by this time your patience may be tired, & One observation more shall close the disagreeable subject. The old Officer & the old Soldier who sold thier pay for two shillings & Six pence on the pound, are now taxed to pay the remaining Seventeen Shillings & Six pence, together with the Interest thereon arising—no matter whether this tax be direct, or indirect, no matter what name it bears—every yard of Cloth & every pound of Tea is charged with something to pay the seventeen Shillings & Six pence.
Calculating too much on my own public securities at the close of the war induced me to enter into business, which, involved me in Debt, & to prevent my being treated as I might possibly have been; with severity on account of Debts contracted with honorable Views & intentions, & if possible to recover my circumstances I came four Years ago to this Country. To you sir I am a Stranger & probably you will never know Me: but to a liberal Mind I hope it will be a sufficient appolegy that you are a Representative of the Free Citizens of America, & that I am a Citizen. With very great Respect & Esteem I have the honour to be your most Obedt. & humble servant
R. J. Meigs.


Title: To James Madison from George Nicholas, 1 February 1792
From: Nicholas, George
To: Madison, James

Dear Sir,Feby. 1st. 1792.
Your favor of the 24th. of Novr. I have received, but the one which it mentions as having been sent from Orange has miscarried.
If Congress have the exclusive right by the constitution of passing military laws; their not having exercised that right cannot give a power to the State legislatures to pass laws on that Subject or give efficacy to their old laws. The adoption of those laws by implication, is at least a dangerous idea. Nothing should in my opinion be more cautiously guarded against than the adoption of principles which tho’ they may answer the purpose of the moment innocently, may afterward be applied to sanctify very different ends and which when traced up to their source would destroy all the barriers fixed by the constitution.
I cannot think the excise equal, and therefore am still of opinion it is not uniform.
The impost on foreign rum ought not to have been considered; that was laid on it as an article of luxury of foreign manufacture. This impost could no more justify and make necessary a tax on home made spirits than the five per cent on cloth would justify a similar tax on the manufacture of Connecticut.
Considering the tax on foreign rum then in that light, every view that we can take of the excise must prove it to be unequal. Indeed I cannot see why foreign rum was introduced into the bill at all unless it was to give it that appearance of equality which it did not possess in reality.
Imposts as far as they are practicable are unquestionably the best taxes, when they fail the deficiency should be made up either by taxes on property which are equal, or by excises which will operate equally throughout the union. If such cannot be imposed it is a sufficient objection against the mode altogether. A government ought never to be afraid of doing what is right.
The opposition to the representation as proposed convinces me that it is not the wish of some that the government should be as republican as it ought to be.
The weight and utility of the house of representatives must both be increased by an increase of it’s numbers; on them depends the public security; those cannot be real friends to their country who would wish to see their proper influence diminished or kept below it’s due standard.
The constitution of France proves that it was dictated more by the heart than the head. Their national assembly will be every thing, their King nobody. They have referred too much in the mode of electing the members to that assembly; they certainly ought to be chosen immediately by the people. Without this there cannot be a due degree of responsibility or confidence. A single assembly with such powers will always end in a tyranny. If John Adams instead of contending for a hereditary monarch and nobility had said that there could be no good government unless the powers of it were lodged in three branches appointed by the people through different channels, and independent of each other, I think his principle could not have been controverted. As it is he erred in supposing or wishing to make the world believe that this desirable end could only be attained by very exceptionable means. As far as reason can decide on the subject, and the experiment has never been fairly made, I can see no cause to doubt but that all the useful purposes of a monarch and a nobility may be better obtained by an executive officer and a senate properly chosen for limited periods either directly or indirectly by the people.
The business of St. Clair’s campaign is disagreeable both to think and write about. But as it must always be of use to have matters of such consequence placed in difft. points of view: and as if nothing is said about it, it may be taken for granted that the plan and execution were both judicious tho unfortunate I will shortly give you my idea of them.
The plan was materially defective in enlisting the men for so short a period that allowing for accidents, distance &c. it was almost reduced to a certainty that they would not be in the field long enough to effect the object of government. If these things were not foreseen at first, yet after the delays &c. had actually taken place it ought to have struck everyone.

By the delays in the execution all possible chance of success was given up. These delays are attributed to the quarter Master and Contractor. As long as men who are strangers to the country in which they are to act are appointed from motives of friendship &c. the business will have a similar end.
I have a great respect for Genl. St. Clair but his infirmities render him totally unfit for such a command wh. would require a man of the greatest activity both of body and mind.
His movement from fort Jefferson can be justified on no principle whatever. The time of part of the levies was expired; a few days would liberate many more and a very few weeks the whole: he had not twenty days provisions for his army. Thus circumstanced if he had got to the object of his destination unmolested he could not have continued there, but must have immediately returned to fort Jefferson, for the want of provisions and men to establish a garrison there. Enquire into his numbers and you will find that if he had not lost a single man after the levies and the militia were discharged that it would have been impossible with his number of regulars to have garrisoned the three forts and kept up the necessary communications.
Then in marching from fort Jefferson he hazarded all and lost all when he had not the prospect of any one advantage if he had succeeded. Going to the spot would have answered no purpose. Harmer had been there the year before and the Indians had had sufficient notice to move every thing to a place of security.
The detaching the first regiment back from fort Jefferson when they were confessedly the last troops in the army cannot be justified. He was surprised in his camp tho’ he knew the Indians were about him in great numbers, without having made any previous arrangements for their reception or chg. his position for their proper reception after he was attacked. The army was cut off when they were remaining totally passive for the want of proper arrangements.
Great as the misfortune was in itself, it has been much increased by the misconduct of some of the public servants towards the levies.
Their time of service was fixed to six months. At the end of that period they had a right to expect their pay and to be discharged in such a manner as would enable them to return home in safety and comfort. Instead of this some were discharged sixty miles in the enemy’s country witht. a gun to protect themselves to fort Washington, those who were discharged at fort Washington without provisions to bring them to our settlements, the whole of them naked in consequence of having lost their cloathes in the action, and without a shilling of pay.

At the same time that they were discharged in this manner, money was advanced to the regular officers to pay them their bounty if they would reenlist and cloathes carried into the action (where they were all taken) to induce them to do so.
Thus these American soldiers after having faithfully served their time out, were discharged eight hundred miles from home, naked, without the pay which was due to them, and without as much provisions as would carry them to the next inhabitants where they were to depend on charity for a subsistence. The fact is that many have died in consequence of this treatment and that almost all have been obliged to part with their discharges for the most trifling considerations.
What makes it the more distressing is that government has provided in the most proper and liberal manner for their accommodation and discharge. The plan they adopted was wise and generous if it had been carried into execution.
But Mr. Swann who was charged with the necessary money and orders did not arrive at fort Washington until some time in January a day posterior to that on which the last of them had a right to their discharge. How this happened when it was known that they must have been discharged before remains to be accounted for by those who were entrusted with the management of the business.
All that we know is that they have given a deadly blow to the honor of the government, and we fear to all attempts to raise men for their service.
In every communication of this kind I intend what I say for your own information only, or of those to whom you think it may be communicated for the public good.
In a letter to Mr. Randolph soon after St. Clair’s defeat I mentioned what appeared to me to be the only practicable mode of attacking the Indians to advantage. Further reflection and the opinions of those here who are best acquainted with the subject have confirmed me in thinking what was then suggested, was right. If you wish it he will shew you that letter.
Be pleased to say to my sister that we are all well. With the greatest respect and esteem I am Dr. Sir, Yr. most oddt. hum: Servt.
G: Nicholas.


Title: To James Madison from James Maury, 3 February 1792
From: Maury, James
To: Madison, James

Dr SirLiverpool 3 Feby 1792
I am much obliged to you for the papers & pamphlet you sent me by the Grange, wch. have afforded me much Entertainment. I am happy to see the malicious predictions of the lying prophet so completely counteracted by the prosperity of the Country he took so much pleasure in debasing & vilifying by Invective.
Whenever any Thing here presents that promises Entertainment to you in that way, I shall hand it.
I note what you say of Mr Jorre. I wished to have diverted him from his purpose of going to America; but could not—at length he extorted from me the cold Letter he delivered you—what I said of him I believe is true—but as to his Capacities for high Departments in Office, I concieved he over-rated them—perhaps somewhat like his Countryman of Normandy quoted in paine’s rights of Men.
Inclosed are sundry Accts Sales with Account Current for your perusal. If you continue a shipper to this place I continue my recommendation of a greater proportion of Stemed—unless indeed when your Leaf be particularly fine—so, it will answer your purpose as well.
It has occurred to me that possibly in Building the public Offices &c in the Fœderal City some materials from this Country may be wanted—under the Event & convenient, I will be much obliged by your naming your Humble Servant.
I am very anxious to hear farther of the Troops under General Sinclair. The Accounts hitherto recieved are most unpleasant to those who are interested in that Country.
The French Affairs go on well enough. Altho’ their Assignats have been gradually depreciating—The Louis d’or (naturally worth 24 Livres tournais) last week was worth 35½ Livres in Assignats.
I am rather curious (tho’ have a better Motive) for knowing the Tone & Manner the British Consuls in the U. S. use in their Applications to the Various Boards on Matters relating to their Ships & Countrymen say Mariners particularly—also the Degree of early Attention to such Representations—presuming such Things must occur, I pray you, if convenient, to procure & forward me a Copy of some of them. I am with great Esteem your friend & Sert
James Maury

[Enclosure]
Liverpool 31st Decr. 1791.
The Honorable James Madison Esqr. Junr. in accot. Currt. with James Maury

  D’r

  1789.

  Sep:
  26
  To Insurance on 6 hhds Tobo. ⅌ Cyrus
  1.13. 3

  Octr.
  5
  " Your draft on me
  90.—.—

  Decr.
  31
  " Insurance on 3 hhds Tobo. ⅌ Venus
  —.18. 6

  1790.

  Sep:
  10
  " Tax on 6 hhds Tobo. ⅌ Venus
  1. 7.—

  Novr.
  16
  " Insurance on—Do.
  2. 6. 6

  Decr.
  6
  " Your draft on me
  42.—.—

  1791.

  Aug:
  25
  " Duty on your Tobo. ⅌ Venus
  —.10. 6

  "
  26
  " Insurance on—Do.
  —. 7. 7

  Nov:
  18
  " Charges in Virga. on 1 hhd Tobo. ⅌ Success
  —. 9.—

  Dec:
  10
  " your dft on me
  21.—.—

  "
  "
  " Balance
    18.11. 9½

  £ 179. 4. 1½

  C’r.

  1789.

  Feb:
  19
  By Balance as ⅌ a/c rendered
  42.13. 3½

  1790.

  Aug:
  25
  " nt. proceeds of 6 hhds Tobo. ⅌ Cyrus
  49. 6. 4¾

  1791

  Octr
  11
  " nt. proceeds of 6 hhds Tobo. ⅌ Venus
  52. 1. 3½

  "
  "
  " nt. proceeds of 3 hhds Tobo. ⅌ Venus
  22. 4. 8¾

  " nt proceeds of 1 hhd Tobo. ⅌ Success
    12.18. 5

  £ 179. 4. 1½

  Dec
  31
  By Balance
  £ 18.11. 9½

  2 hhds ⅌ Venus sales not finished

  Errors Excepted

James Maury


Title: For the National Gazette, 4 February 1792
From: Madison, James
To:

Feb. 4. [1792]

Government of the United States
Power being found by universal experience liable to abuses, a distribution of it into separate departments, has become a first principle of free governments. By this contrivance, the portion entrusted to the same hands being less, there is less room to abuse what is granted; and the different hands being interested, each in maintaining its own, there is less opportunity to usurp what is not granted. Hence the merited praise of governments modelled on a partition of their powers into legislative, executive, and judiciary, and a repartition of the legislative into different houses.
The political system of the United States claims still higher praise. The power delegated by the people is first divided between the general government and the state governments; each of which is then subdivided into legislative, executive, and judiciary departments. And as in a single government these departments are to be kept separate and safe, by a defensive armour for each; so, it is to be hoped, do the two governments possess each the means of preventing or correcting unconstitutional encroachments of the other.
Should this improvement on the theory of free government not be marred in the execution, it may prove the best legacy ever left by lawgivers to their country, and the best lesson ever given to the world by its benefactors. If a security against power lies in the division of it into parts mutually controuling each other, the security must increase with the increase of the parts into which the whole can be conveniently formed.
It must not be denied that the task of forming and maintaining a division of power between different governments, is greater than among different departments of the same government; because it may be more easy (though sufficiently difficult) to separate, by proper definitions, the legislative, executive, and judiciary powers, which are more distinct in their nature, than to discriminate, by precise enumerations, one class of legislative powers from another class, one class of executive from another class, and one class of judiciary from another class; where the powers being of a more kindred nature, their boundaries are more obscure and run more into each other.
If the task be difficult, however, it must by no means be abandoned. Those who would pronounce it impossible, offer no alternative to their country but schism, or consolidation; both of them bad, but the latter the worst, since it is the high road to monarchy, than which nothing worse, in the eye of republicans, could result from the anarchy implied in the former.
Those who love their country, its repose, and its republicanism, will therefore study to avoid the alternative, by elucidating and guarding the limits which define the two governments; by inculcating moderation in the exercise of the powers of both, and particularly a mutual abstinence from such as might nurse present jealousies, or engender greater.
In bestowing the eulogies due to the partitions and internal checks of power, it ought not the less to be remembered, that they are neither the sole nor the chief palladium of constitutional liberty. The people who are the authors of this blessing, must also be its guardians. Their eyes must be ever ready to mark, their voice to pronounce, and their arm to repel or repair aggressions on the authority of their constitutions; the highest authority next to their own, because the immediate work of their own, and the most sacred part of their property, as recognising and recording the title to every other.


Title: To James Madison from Henry Lee, 6 February 1792
From: Lee, Henry
To: Madison, James

My dear sirRichmond 6h. Feby. 92
I have your letter of the 29h. Frenau’s Gazette you mention has not reached me, nor indeed have I for two mails got any papers from him. This precariousness in the reception of his paper will cramp the circulation of it. For which I am exceedingly sorry as it is rising fast into reputation.
Innes is so pleased with the attention of the editor to political matters and to the independence evidenced in his selection of home information that he has desired me to procure for him the gazette and to request that all the papers from the beginning be forwarded.
This you will please to do & give Innes[’]s address & residence.
I intend to urge Davies the public printer here to re-publish Caius & such other political writers as serve to inform the people.
I cannot submit to the principle which governed your first Congress of entrenching on the rights of their successors, which they did do in the most daring manner when they mortgaged for twenty years certain revenues. A mortgage for two years came up to their constitutional right; for it is to be presumed that their successors would be as well affected to the public good & as capable of promoting the same as themselves. The funding act is grounded on this principle and falls with it: this is the only ground to attack it on, as appears to my Jugdgement.
The meaning of frequent elections & the object of them is in some degree perverted and violated by the establishment of the principle above mentioned, for the succeeding Congress must submit to the undue stretch of power in their predecessors or violate law. Of course they are unnecessarily plunged between two evils—which in ordinary matters ought never to happen: where the safety of the people require the interposition of extraordinary means then & then only is a resort to the principle allowable.
This cannot be contended to have been the case in the present instance.

You are too slow in your deliberations relative to the military measures to be adopted for the next campaign. Delay in Feby. will be felt in August: and the campaign if not disastrous, will be inglorious. Yours affy.
H: L


Title: Bounty Payments for Cod Fisheries, [6 February] 1792
From: Madison, James
To:

[6 February 1792]

   On 3 February 1792 the Committee of the Whole began consideration of the bill for encouragement of the cod fisheries. As passed by the Senate, the first section of the bill replaced the existing drawback (of the import duty on salt) to exporters of salted fish with a new one based on tonnage to owners of fishing vessels. Debate on 6 February centered on the advantage which the bill bestowed on New England and stressed the importance of the fisheries as a source of trained sailors in case of war.

Mr. Madison. In the conflict I feel between my disposition, on one hand, to afford every constitutional encouragement to the fisheries, and my dislike, on the other, of the consequences apprehended from some clauses in the bill, I should have forborne to enter into this discussion, if I had not found, that, over and above such arguments as appear to be natural and pertinent to the subject, others have been introduced, which are, in my judgment, contrary to the true meaning, and even strike at the characteristic principles of the constitution. Let me premise, however, to the remarks which I shall briefly offer, on the doctrine maintained by these gentlemen, that I make a material distinction in the present case, between an allowance as a mere commutation and modification of a drawback, and an allowance in the nature of a real and positive bounty. I make a distinction also, as a subject of fair consideration at least, between a bounty granted under the particular terms in the constitution, “a power to regulate trade,” and one granted under the indefinite terms which have been cited as authority on this occasion. I think, however, that the term “bounty” is in every point of view improper as it is here applied, not only because it may be offensive to some, and, in the opinion of others, carries a dangerous implication; but also because it does not express the true intention of the bill as avowed and advocated by its patrons themselves. For if, in the allowance, nothing more is proposed, than a mere reimbursement of a sum advanced, it is only paying a debt; and when we pay a debt, we ought not to claim the merit of granting a bounty.
It is supposed by some gentlemen, that Congress have authority not only to grant bounties in the sense here used, merely as a commutation for drawbacks, but even to grant them under a power by virtue of which they may do anything which they may think conducive to the “general welfare.” This, sir, in my mind, raises the important and fundamental question, whether the general terms which had been cited, are to be considered as a sort of caption or general description of the specified powers, and as having no further meaning, and giving no further power, than what is found in that specification, or as an abstract and indefinite delegation of power extending to all cases whatever; to all such at least, as will admit the application of money, which is giving as much latitude as any government could well desire.
I, sir, have always conceived—I believe those who proposed the constitution conceived; it is still more fully known, and more material to observe, those who ratified the constitution conceived, that this is not an indefinite government deriving its powers from the general terms prefixed to the specified powers—but, a limited government tied down to the specified powers, which explain and define the general terms.
The gentlemen who contend for a contrary doctrine are surely not aware of the consequences which flow from it, and which they must either admit, or give up their doctrine.
It will follow, in the first place, that if the terms be taken in the broad sense they maintain, the particular powers, afterwards so carefully and distinctly enumerated, would be without meaning, and must go for nothing. It would be absurd to say, first, that Congress may do what they please; and then, that they may do this or that particular thing. After giving Congress power to raise money, and apply it to all purposes which they may pronounce necessary to the general welfare, it would be absurd, to say the least, to superadd a power to raise armies, to provide fleets, &c. In fact, the meaning of the general terms in question must either be sought in the subsequent enumerations which limits and details them, or they convert the government from one limited as hitherto supposed, to the enumerated powers, into a government without any limits at all.

It is to be recollected, that the terms “common defence and general welfare,” as here used, are not novel terms first introduced into this constitution. They are terms familiar in their construction, and well known to the people of America. They are repeatedly found in the old articles of confederation, where, although they are susceptible of as great latitude as can be given them by the context here, it was never supposed or pretended that they conveyed any such powers as is now assigned to them. On the Contrary, it was always considered as clear and certain, that the old Congress was limited to the enumerated powers; and that the enumeration limited and explained the general terms. I ask the gentlemen themselves, whether it ever was supposed or suspected, that the old Congress could give away the money of the states in bounties to encourage agriculture or for any other purpose they pleased. If such a power had been possessed by that body, it would have been much less impotent, or have borne a very different character from that universally ascribed to it.
The novel idea now annexed to those terms, and never before entertained by the friends or enemies of the government, will have a further consequence which cannot have been taken into the view of the gentlemen. Their construction would not only give Congress the complete legislative power I have stated; it would do more; it would supercede all the restrictions understood at present to lie on their power with respect to a judiciary. It would put it in the power of Congress to establish Courts throughout the United States, with cognizance of suits between citizen and citizen, and in all cases whatsoever. This sir, seems to be demonstrable: For if the clause in question really authorizes Congress to do whatever they think fit, provided it be for the general welfare, of which they are to judge, and money can be applied to it, Congress must have power to create and support a judiciary establishment, with a jurisdiction extending to all cases, favorable, in their opinion, to the general welfare, in the same manner as they have power to pass laws and apply money providing in any other way for the general welfare. I shall be reminded, perhaps, that according to the terms of the constitution, the judicial power is to extend to certain cases only, not to all cases. But this circumstance can have no effect in the argument, it being presupposed by the gentlemen, that the specification of certain objects does not limit the import of the general terms. Taking these terms as an abstract and indefinite grant of power, they comprise all the objects of legislative regulation, as well such as fall under the judiciary article in the constitution, as those falling immediately under the legislative article; and if the partial enumeration of objects in the legislative article does not, as these gentlemen contend, limit the general power, neither will it be limited by the partial enumeration of objects in the judiciary article.
There are consequences, sir, still more extensive which as they follow clearly from the doctrine combated, must either be admitted, or the doctrine must be given up. If Congress can apply money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may establish teachers in every state, county, and parish, and pay them out of the public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the union; they may assume the provision for the poor; they may undertake the regulation of all roads other than post roads; in short, every thing, from the highest object of state legislation, down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit the application of money, and might be called, if Congress pleased, provisions for the general welfare.
The language held in various discussions of this house, is a proof that the doctrine in question was never entertained by this body. Arguments, wherever the subject would permit, have constantly been drawn from the peculiar nature of this government as limited to certain enumerated powers, instead of extending, like other governments to all cases not particularly excepted. In a very late instance, I mean the debate on the representation bill, it must be remembered that an argument much used, particularly by a gentleman from Massachusetts, against the ratio of one for 30,000, was that this government was unlike the state governments, which had an indefinite variety of objects within their power, that it had a small number of objects only to attend to, & therefore that a smaller number of representatives would be sufficient to administer it.
Arguments have been advanced, to shew, that because, in the regulation of trade, indirect and eventual encouragement is given to manufactures, therefore congress have power to give money in direct bounties, or to grant it in any other way that would answer the same purpose. But surely, Sir, there is a great and obvious difference, which it cannot be necessary to enlarge upon; a duty laid on imported implements of husbandry, would in its operation be an indirect tax on exported produce: but will any one say that by virtue of a mere power to lay duties on imports, Congress might go directly to the produce or implements of agriculture, or to the articles exported? It is true, duties on exports are expressly prohibited; but if there were no article forbidding them, a power directly to tax exports could never be deduced from a power to tax imports, although such a power might indirectly and incidentally affect exports.
In short, sir, without going further into the subject, which I should not have here touched on at all, but for the reasons already mentioned, I venture to declare it as my opinion, that were the power of Congress to be established in the latitude contended for, it would subvert the very foundation, and transmute the very nature of the limited government established by the people of America: and what inferences might be drawn or what consequences ensue from such a step, it is incumbent on us all well to consider.
With respect to the question before the house for striking out the clause, it is immaterial whether it be struck out, or so amended as to rest on the avowed principle of a commutation for the drawback, but as a clause has been drawn up by one of my colleagues, in order to be substituted, I shall concur in a vote for striking out, reserving to myself a freedom to be governed in my final vote by the modification which may prevail.


Title: To James Madison from John Carey, 8 February 1792
From: Carey, John
To: Madison, James

Wednesday February 8. [1792]
John Carey presents his humble respects to the honble. Mr. Madison, & requests, that, if he has preserved any notes of his speech of Monday last, on the Fishery Bill, he will be so obliging, as to give him leave to copy them for publication. At the same time he begs leave to remark, that this favor, if conferred, will not be strained by him into a precedent for troubling Mr. Madison with similar requests, on future occasions: the case, at present, is simply this: on reviewing his notes of Friday’s debate, Carey thought he might venture to publish: he hazarded the attempt, though, with what degree of accuracy, he cannot say, as he has not consulted any of the gentlemen who spoke: thus embarked in the business, & having given many of the arguments on one side of the question, he cannot drop the subject, without a manifest violation of candor & justice. Having however been very unsuccessful in taking down the debate of monday & Tuesday, he is reduced to the necessity of requesting assistance, not from Mr. Madison only, but also from other gentlemen on both sides of the question; with a resolution, however, that, if he can once fairly extricate himself from his present disagreeable dilemma, he will—(& prudential reasons tell him that he ought)—during the remainder of the present session, wholly refrain from attempting to publish the debates, & confine himself to a bare minute of the proceedings.


Title: To James Madison from Joseph Jones, 10 February 1792
From: Jones, Joseph
To: Madison, James

Dr. Sr.Fredericksburg 10th. Febry. 1792.
The receipt of your letter of the 29th. ult. gave me a sensible pleasure as it recommences a correspondence too long intermitted between friends in which predicament I am very certain we very sincerely hold each other and between whom a more frequent intercourse should if practicable prevail than has lately done—for it I chiefly blame myself, and you only for availing yourself in too great a degree of the indulgence I wished to give you in behalf of correspondents of a ceremonious stamp and with whom you could not well use the same freedom in that respect as with myself. Let it be understood therefore in future that when you can with convenience devote a few minutes to me you will do it.
Mr. Wiatt the present postmaster resides in the house Smith occupied when he lived in Town and is the property you speak of in your letter as I think he had and holds no other in this Town. The buildings on the lotts are old, are of wood, and were erected (except a small lumber or ware house) by Col. Lewis of Gloucester County the father of the late Col. F. Lewis of this place for the late Col. John Thornton to keep a store at who then with Col. F. Lewis when he first came to Fredericksburg resided there and conducted the old Gentleman’s business. The lotts are upon the northside of the main street at the upper end of the Town opposite The Lotts Col. F. Lewis lived on and sold to Mr. Edwd. Carter. Lotts in that situation or at the lower end of the Town are not so valuable as nearer the center at least they are not so much in demand by men in business as those more central and I expect will not meet so ready a sale or at so high a rate as more desirable situations. The present occupant (W—tt) I know but little of. As Pt. M—t—r I have heard few or no complaints of his conduct, which was not the case with Smith when he was in the Office. He has no lands or Lotts that I can hear of and but little other property. Some reports to the prejudice of his Character prevailed heretofore. He with Jno. Anderson of this Town were in Partnership and failed and were long confined in the bounds of the County Goal by their creditors—at length they were discharged and are both now in business here—Anderson in a small store and considered as an honest man—W—t as pt. Master and withot. complaints of his conduct as far as I have heard or been informed. He has a wife and several Children and upon his labours their support must in great degree depend. The lotts I consider as declining in value and unless kept in better repair than they seem to have been lately will soon be in a ruinous condition as all the outhouses now are and the paling round one third of them  destroyed. If Col. Pickering has a power independent of Smith to authorise a sale he will be able to judge what course to take from the circumstances communicated. Upon consideration should he not incline to confide the business to Mr. W.tt I suppose Mr. Minor wod: for the usual allowance undertake the business and his fitness and integrity may be depended upon. Col. Monroe and I presume yourself know Minor. If however you conceive there is no impropriety in my mentioning another Person who lives with me and conducts the business of the Brewery in this Town (Mr. Charles Lewis who is also well know[n] to Monroe) I wod. recommend him to execute any commission of the sort Col. Pickering shall think proper to grant and I will in that case not only aid him with my advice in conducting the business but will engage for his punctuality and fidelity in every respect. I mention him because I know him to be worthy of confidence and to whom I shod. take a pleasure in rendering any little service in my power. Health & happiness attend you. Yr. friend & Servt
Jos: Jones.


Title: To James Madison from Walter Jones, 10 February 1792
From: Jones, Walter
To: Madison, James

Dear SirFeby. 10. 1792.
The Freinds of Mrs. Lovel have requested me to bespeak the attention of my Freinds in Congress, to her claims, as the widow of the deceased Captain Lovel; and I take the occasion, of renewing a Correspondence, which, to my Loss, has been so long intermitted. I know not the foundation or extent of Mrs. Lovels Claims, having little or no acquaintance with the parties: but I well remember that Captn. Lovel of Westmorland, with the spirit of a true whig, left his Family, posessions, & a valuable Trade, to serve in the army, from whence he never returned—whatever may be due to her, she well merits, as her Circumstances have been evidently much reduced by the Loss of her Husband.
In the Veiw which our imperfect Lights enable us to take here, of the movements on the Great Theatre where you are engaged, two things appear less satisfactory to us than we could wish—one is the extreme rage for funding systems in Finance, in Banks, and in manufactoring Companies, on the Commercial Border of the union; the other is the immense expenditure we are likely to make on the western Border, to atchieve an object, that must, it would seem, be followed by two Evils. The one, a standing Military force & spirit, which must increase indefinitely with the extent and progress of our frontier, the Second is a forced & premature Emigration, which is continually chargeable for defence, on the old taxable settlements, while it is continually draining off the means of supporting the expence. These measures too seem to have an evident tendency to Aggrandise those departments of Government, that seem in all Times & places to have been the very Matrix of Corrupt power & Influence.
Candour forbids rash & positive Conclusions on imperfect data. Perhaps such apprehensions, as I express, would be dissipated by a nearer Veiw & more intimate Information. However a republican Vigilance too tremblingly alive is a preferable extreme to Indifference & torpor. I am dear Sir with very freindly Esteem & regard your obedient humble Servant
Walt: Jones


Title: George Washington to Thomas Jefferson, 11 February 1792
From: Washington, George,Jefferson, Thomas
To:

Dear SirSaturday 11th. Feby [1792]
If you & Mr. Madison could make it convenient to take a family dinner with me to day—or, if engagements prevent this—wd. come, at any hour in the afternoon most convenient to yourselves We would converse fully, and try to fix on some plan for carrying the Affairs of the Federal district into execution.
Under present appearances it is difficult, but it is nevertheless necessary to resolve on something. Yrs. sincerely & Affectionately
Go: Washington


Title: From James Madison to Daniel Carroll, 16 February 1792
From: Madison, James
To: Carroll, Daniel

Letter not found. 16 February 1792. Acknowledged in Carroll to JM, 23 Feb. 1792. Reports on congressional business and politics—the prospects of the apportionment bill and the candidates (including John Jay) for the governorship of New York.


Title: For the National Gazette, 18 February 1792
From: Madison, James
To:

February 18, 1792.

Spirit of Governments.
No Government is perhaps reducible to a sole principle of operation. Where the theory approaches nearest to this character, different and often heterogeneous principles mingle their influence in the administration. It is useful nevertheless to analyse the several kinds of government, and to characterize them by the spirit which predominates in each.
Montesquieu has resolved the great operative principles of government into fear, honor, and virtue, applying the first to pure despotisms, the second to regular monarchies, and the third to republics. The portion of truth blended with the ingenuity of this system, sufficiently justifies the admiration bestowed on its author. Its accuracy however can never be defended against the criticisms which it has encountered. Montesquieu was in politics not a Newton or a Locke, who established immortal systems, the one in matter, the other in mind. He was in his particular science what Bacon was in universal science: He lifted the veil from the venerable errors which enslaved opinion, and pointed the way to those luminous truths of which he had but a glimpse himself.
May not governments be properly divided, according to their predominant spirit and principles into three species of which the following are examples?
First. A government operating by a permanent military force, which at once maintains the government, and is maintained by it; which is at once the cause of burdens on the people, and of submission in the people to their burdens. Such have been the governments under which human nature has groaned through every age. Such are the governments which still oppress it in almost every country of Europe, the quarter of the globe which calls itself the pattern of civilization, and the pride of humanity.
Secondly. A government operating by corrupt influence; substituting the motive of private interest in place of public duty; converting its pecuniary dispensations into bounties to favorites, or bribes to opponents; accommodating its measures to the avidity of a part of the nation instead of the benefit of the whole: in a word, enlisting an army of interested partizans, whose tongues, whose pens, whose intrigues, and whose active combinations, by supplying the terror of the sword, may support a real domination of the few, under an apparent liberty of the many. Such a government, wherever to be found, is an imposter. It is happy for the new world that it is not on the west side of the Atlantic. It will be both happy and honorable for the United States, if they never descend to mimic the costly pageantry of its form, nor betray themselves into the venal spirit of its administration.
Thirdly. A government, deriving its energy from the will of the society, and operating by the reason of its measures, on the understanding and interest of the society. Such is the government for which philosophy has been searching, and humanity been sighing, from the most remote ages. Such are the republican governments which it is the glory of America to have invented, and her unrivalled happiness to possess. May her glory be compleated by every improvement on the theory which experience may teach; and her happiness be perpetuated by a system of administration corresponding with the purity of the theory.


Title: To James Madison from George Washington, 19 February 1792
From: Washington, George
To: Madison, James

Sunday Feb. 19th. [1792]
If Mr. Madison could make it convenient to spare half an hour from other matters, GW would be glad to see him at 11 Oclock to day.


Title: From James Madison to Thomas Jefferson, 20 February 1792
From: Madison, James
To: Jefferson, Thomas

Feby. 20. [1792]
J. M. returns Mr. J. his note endorsed for negociation at the Bank, but recommends in preference a use of about 300 dollars of J. M. which will not be wanted till the time proposed for the redemption of the note. A Check for 150 dollars is inclosed. As much or a little more can be added as soon as an order from the Speaker can be got which will be tomorrow or next day. J. M. insists that Mr. J. concur in this substitute, assuring him that it is perfectly convenient, and moreover that if any contingency should subject J. M to a pecuniary demand before the last of next month, he will resort witht. scruple to the expedient proposed to be waved. He is also in doubt whether the Bank discounts for more than 40 days.


Title: From James Madison to Edmund Pendleton, 21 February 1792
From: Madison, James
To: Pendleton, Edmund

Dear SirPhilada. Feby. 21. 1792
Your favor of the 8th. did not come to hand till this afternoon. I thank you for the very just & interesting observations contained in it. I have not yet met with an oppy. of forwarding the Report on Manufactures; nor has that subject been yet regularly taken up. The constitutional doctrine however advanced in the Report has been anticipated on another occasion, by its zealous friends; and I was drawn into a few hasty animadversions the substance of which you will find in one of the inclosed papers. It gives me great pleasure to find my exposition of the Constitution so well supported by yours.
The Bill concerning the election of a President & Vice President and the eventual successor to both, which has long been depending, has finally got thro’ the two Houses. It was made a question whether the number of electors ought to correspond with the new apportionment or the existing House of Reps. The text of the Constitution was not decisive, and the Northern interest was strongly in favor of the latter interpretation. The intrinsic rectitude however of the former turned the decision in both houses in favor of the Southern. On another point the Bill certainly errs. It provides that in case of a double vacancy, the Executive powers shall devolve on the Presidt. pro. tem. of the Senate & he failing, on the Speaker of the House of Reps. The objections to this arrangement are various. 1. It may be questioned whether these are officers, in the constitutional sense. 2. If officers whether both could be introduced. 3. As they are created by the Constitution, they would probably have been there designated if contemplated for such a service, instead of being left to Legislative selection. 4. Either they will retain their legislative stations, and their incompatible functions will be blended; or the incompatibility will supersede those stations, & then those being the substratum of the adventitious functions, these must fail also. The Constitution says, Congs. may declare what officers &c. which seems to make it not an appointment or a translation; but an annexation of one office or trust to another office. The House of Reps. proposed to substitute the Secretary of State, but the Senate disagreed, & there being much delicacy in the matter it was not pressed by the former.
Another Representation Bill has gone to the Senate modelled on the double idea mentioned in my last. 1 for 30,000 is the ratio fixed both for the late & the proposed Census. The fate of the Bill in the Senate is problematical. The Bill immediately before the H. of Reps. is a Militia Bill.
I have nothing to add to the contents of the Newspapers on other subjects foreign or domestic. With the highest esteem & sincerest affn. I remain Dear Sir Yrs.
Js. Madison Jr


Title: Account with the United States, [21 February] 1792
From: Madison, James
To:

[21 February 1792]

  1792
  The United States to James Madison Jr.
  Drs.

  Feb 21
  To attendance in Congress from Jany 16 Inclusive.
  216 Dollars.

  E. Excd.

James Madison Jr.
Recd. the contents on acct
James Madison Jr.


Title: From James Madison to Joseph Jones, 21 February 1792
From: Madison, James
To: Jones, Joseph

Letter not found. 21 February 1792. Acknowledged in Jones to JM, 2 Mar. 1792. Concerns the terms of the Presidential Succession Act of 1792.


Title: From James Madison to Hubbard Taylor, 22 February 1792
From: Madison, James
To: Taylor, Hubbard

Letter not found. 22 February 1792. Acknowledged in Taylor to JM, 16 Apr. 1792. Contains observations concerning Kentucky. Reports on the favorable prospects of negotiations with Spain for the navigation of the Mississippi and on the opposition to the apportionment bill.


Title: To James Madison from Daniel Carroll, 23 February 1792
From: Carroll, Daniel
To: Madison, James

My dear Sir,feby. 23d. 1792
Mr. Carroll has communicated to you my Letters to him, more especially of the 21st & 22d Inst in one, and will what I have said to him this day. Your favor of the 16th came to hand for which I thank you, & sincerely wish a good issue of the Representation Bill—if it getts thro yr. house properly, & the Senate shou’d again alter I fear it will be attended with disagreable consequences. If their Honors can bring themselves to yield in any thing, it surely ought to be on such a Subject. Mr Carroll writes that the Contest is about the President of the Senate pro tempore & the Secretary of State for the time being, my sentiments are known on this subject. In this I fear the Senate will not give up one of their own Body. Alltho’ the weather is still severe, the time approaches when many of yr. body will be anxious to return to their homes. Much will be undone in Apl. but I doubt whether you will be then able to keep a full House. I see nothing more abt Manufactures, but a motion made by Fitzsimmons to Commit the report to a special Committee, & Giles observations in favor of a Committee of the Whole. I hope you will have neither for the present, it is a subject not to be enterd upon, on the principles laid down in the report. The Speculating frenzy in Bank, mud (so I hear the Canal business termd) Jersy Manufactory Tontine &ca &cea scrips is such as to absorb all considerations from constitutional questions. You say that Jay is certainly a Candidate to be Governor of N York. I shoud not have expected it. Mr Carroll adds Burr the Senator to the list. We are engagd likewise in Speculations abt Land & Lotts, to say nothing of the disagreable wrangles & infamous Slanders. I can only add that I am allways, My dear Sir, Yrs. sincerely & affectionately
Danl Carroll


Title: To James Madison from Joseph Howell, 23 February 1792
From: Howell, Joseph
To: Madison, James

Sir,Pay Office February 23d. 1792
It appears by the accounts of depreciation of the State of Virginia that Colonel Alexander Spotswood received the sum of £120.10:—for depreciation from the 1 January to 10t. October 1777. If Colo. Spotswood was entitled to the promotion mentioned by him he was certainly entitled to the pay, but the Act of limitation will at present bar his claim for that allowance as well as any which may be made for Rations or forage. I am Sir Your obedt. servt.
Joseph Howell


Title: Power of Attorney from James Madison, Sr., 28 February 1792 (Abstract)
From: Madison, James, Sr.
To: Madison, James

Abstract. 28 February 1792, Orange County, Virginia. James Madison, Sr., by power of attorney authorizes JM to receive the interest on his treasury notes. Notarized by Andrew Shepherd, James Taylor, and Zachariah Burnley.


Title: Memorandum on New Orleans, [ca. 1 March] 1792
From: Madison, James
To:

[ca. 1 March 1792]
Information of Phil. Barbour, who resided long in West Florida
After N. Orleans fell into the hands of Spain her Govr. forbade all British vessels navigating under the Treaty of Paris to fasten to the Shore, and caused such as did so to be cut loose. In consequence of this proceeding a British frigate went up near the Town, fastened to the shore and set out guards with orders to fire on such as might attempt to cut her loose. The Govr after trying in vain by menaces to remove the frigate acquiesced, after which British Vessels were indiscriminately admitted to use the shore; and even the residence of British Merchants in the town of N. O. trading clandestinely with Spaniards as well as openly with their own people, connived at. The Treaty of 1763 stipulated to British subjects, (as well as is recollected) no more than the right of navigating the river. If the right of using the shore was admitted under that stipulation this right must have been admitted to be involved in the right of navigating the river, as incident to the beneficial enjoyment of it.


Title: From James Madison to James Madison, Sr., 2 March 1792
From: Madison, James
To: Madison, James, Sr.

Hond SirPhilada. Mar. 2. 1792.
I have for some time past written once a week, inclosing always the Natl Gazettees as they come out. I now do the same now.
The River having been all the Winter & still continuing blocked up, I have never executed the several commissions in your last. I have made enquiry as to Clover seed and I find that the white is not to be had, and that the red will cost about 16 dollars a bushel, which is I presume double the price it may be got at in Virginia. If I am mistaken in this, and you chuse any to be sent you will let me know as early as possible. I ought to observe however that there will be some risk in sending it by water; for if not kept from the sea-sweat, it loses it[s] power of vegetation.
The Bill for the Western defence has at length been settled between the two Houses; and nearly in substance as I some time ago I explained it. The Representation-bill is still depending in the Senate, where its form if not its fate is precarious. The H. of Reps. is at present engaged on a Militia bill. An adjournment is projected by the two Houses early in next month. With my dutiful affection to my mother I remain as ever Your Affecte. son
Js. Madison Jr.