Title: From James Madison to James Monroe, 27 November 1784
From: Madison, James
To: Monroe, James

Dear Sir
Richmond Novr. 27. 1784.
Your favor of the 15th inst: came to hand by thurday’s post. Mine by the last post acknowledged your preceding one. The umbrage given to the Comsrs. of the U. S. by the negociations of N. Y. with the Indians was not altogether unknown to me, though I am less acquainted with the circumstances of it than your letter supposes. The Idea which I at present have of the affair leads me to say that as far as N. Y. may claim a right of treating with Indians for the purchase of lands within her limits, she has the confederation on her side; as far as she may have exerted that right in contravention of the Genl. Treaty, or even unconfidentially with the Comisrs. of Congs. she has violated both duty & decorum. The fœderal articles give Congs. the exclusive right of managing all affairs with the Indians not members of any State, under a proviso, that the Legislative authority, of the State within its own limits be not violated. By Indian[s] not members of a State, must be meant those, I conceive who do not live within the body of the Society, or whose Persons or property form no objects of its laws. In the case of Indians of this description the only restraint on Congress is imposed by the Legislative authority of the State. If this proviso be taken in its full latitude, it must destroy the authority of Congress altogether, since no act of Congs. within the limits of a State can be conceived which will not in some way or other encroach upon the authority [of the] States. In order then to give some meaning to both parts of the sentence, as a known rule of interpretation requires, we must restrain this proviso to some particular view of the parties. What was this view? My answer is that it was to save to the States their right of preemption of lands from the Indians. My reasons are. 1. That this was the principal right formerly exerted by the Colonies with regard to the Indians. 2. that it was a right asserted by the laws as well as the proceedings of all of them, and therefore being most familiar, wd. be most likely to be in contemplation of the Parties; 3. that being of most consequence to the States individually, and least inconsistent with the general powers of Congress, it was most likely to be made a ground of Compromise. 4. it has been always said that the proviso came from the Virga. Delegates, who wd naturally be most vigilant over the territorial rights of their Constituents. But whatever may be the true boundary between the authority of Congs. & that of N. Y. or however indiscreet the latter may have been, I join entirely with you in thinking that temperance on the part of the former will be the wisest policy. I concur with you equally with regard to the ignominious secession at Annapolis. As Congs. are too impotent to punish such offences, the task must finally be left to the States and experience has shown in the case of Howel, that the interposition of Congs. agst. an offender instead of promoting his chastisements, may give him a significancy wch. he otherwise wd. never arrive at and may induce a State to patronize an act which of their own accord they would have punished. I am sorry to find the affair of Mr. de Marb——s taking so serious a face. As the insult was comitted within the jurisdiction of Pena. I think you are right in supposing the offender could not be transferred to another jurisdiction for punishment. The proper questions therefore are 1. whether the existing law was fully put in force agst. him by Pa.? 2. whether clear provision has been made by that State agst. like contingenc[i]es? Nothing seems to be more difficult under our new Governments, than to impress on the attention of our Legislatures a due sense of those duties which spring from our relation to foreign nations. Several of us have been labouring much of late in the G. Assembly here to provide for a case with which we are every day threaten’d by the eagourness of our disorderly Citizens for Spanish plunder & Spanish blood. It has been proposed to authorize Congs. whenever satisfactory proof shall be given to them by a foreign power of such a crime being committed by our Citizens within its jurisdiction as by the law of Nations call for Surrender of the Offender, & the for[e]ign power shall actually make the demand, that the Executive may at the instance of Congs. apprehend & deliver up the offender. That there are offences of that class is clearly stated by Vattel in particular, & that the business ought to pass through Congs. is equally clear. The proposition was a few days ago rejected in Committee of the whole. To day in the report of the Comme. it has been agreed to by a small majority. This is the most material question that has agitated us during the week past. The Bill for a Religious Assesst. has not been yet brought in. Mr. Henry the father of the Scheme is gone up to his Seat for his family & will no more sit in the H. of Delegates, a circumstance very inauspicious to his offspring. An attempt will be made for circuit Courts, & Mr. Jones has it in contemplation to try whether any change has taken place in the Sentiments of the H. of D on the subject of the Treaty. He will write to you by this post & I refer to him for what I may have omitted. With sincere regard & esteem I am Dr. Sir Yr. friend & servt.
J. Madison Jr.


Title: To James Madison from George Washington, 28 November 1784
From: Washington, George
To: Madison, James

Gentlemen,
Mount Vernon 28th Novr. 84.
After the several conversations we have had on the subject of inland navigation; and the benefits which would, probably, be derived from a commercial intercourse with the Western territory; I shall make no apology for giving you the trouble of the enclosed.
It is matter of regret to me, however, that I cannot accompany them with some explanations & observations. It was intended these papers should have met me at Richmond. They missed me on the road thither — travelled back to Baltimore — returned — and were put into my hands at the moment I was setting off for Annapolis; to which place I mean to accompany the Marqs. de la Fayette on his return to New York where he expects to embark, about the middle of next month, for France.
I could not think of withholding these Papers until my return, as I shall probably accompany the Marquis from Annapolis to Baltimore. Therefore, in the order I receive[d], I send them to you. Your own judgment in this business will be the best guide — but in one word, it should seem to me, that if the public cannot take it up with efficient funds, & without those delays which might be involved by a limping conduct, it had better be placed in the hands of a corporate Company. What encouragements, and what powers, to give this Company, deserve all that consideration which I perswade myself you, Gentlemen, will bestow.
The Maryland Assembly is now sitting. If I should return in time, I will have the honor of writing to you again on this subject — in the meanwhile, if your leizure will permit, I should be glad to know your Sentimts. on, and what will be the issue of, this business. With very sincere esteem and regard I have the honor to be Gentn. Yr. Most Obedt Hble Ser
Go: Washington

P. S. As your Assembly are upon a Militia Law, I send you the thoughts of the Baron de Steuben which I found here upon my return from Richmond
GW.


Title: Bill Extending the Alien Veterans’ Land Rights, 30 November 1784
From: Madison, James
To:

[30 November 1784]
For extending the benefit of lands granted by the laws of this Commonwealth to Officers and Soldiers who have served during the late war to their representatives or devisees who may be aliens. Be it enacted that if any such alien representative or devisee shall on or before the  day of  or in case he or she be under the age of twenty one years within  after having attained such age become a citizen of this Commonwealth, he or she shall inherit or take such land in the same manner as if at the death of such officer or soldier, he or she were a Citizen of this Commonwealth; and if any such alien representative or devisee, instead of becoming a Citizen of this Commonwealth, shall chuse rather to dispose of such land, he or she is hereby authorized at any time before the  day of  or in case of infancy within  after attaining the age of twenty one years either by themselves or their attornies duly authorised therein to sell & convey the same in fee simple to any person or persons being a Citizen or Citizens of this or any other of the United States in as effectual a manner as if such alien representative or devisee were at the time of such conveyance a citizen of this Commonwealth.


Title: To James Madison from Philip Mazzei, 1 December 1784
From: Mazzei, Philip
To: Madison, James

Caro e degno Amico,
Williamsburgo pmo: Xbre 1784
La necessità non à legge. I favori che ò bisogno da voi, non posso ottenergli da altri. La lettera per Mr. Hennin deve spedirsi dall’Incaricato degli Affari di Francia nel plico della Corte, e voi sapete che ancor non conosco Mr. de Marbois. Quella per Mr. Jefferson dubito che possa andar sicura se non per il mezzo di qualche Membro del Congresso, ed io non ò familiarità bastante con veruno de quei Signori onde prendermi la libertà d’includergliela. Fatemi dunque voi, caro Amico, il favore di spedirle sabato prossimo, una a Mr. de Marbois, l’altra a qualcheduno in Congresso; e se credete proprio di francarle per delicatezza, fatelo pure, chè io vi rimborserò alla prima occasione. Ma prima vorrei che leggeste l’una e l’altra, come pure quella diretta al Mari; e se Edmond avesse tempo di leggerle anch’esso, gradirei molto che se ne dasse l’incomodo, e vi sarò obbligato se glie ne fate la proposizione. So le vostre varie, grandi, e continue occupazioni; non mi meraviglio, e non mi lagno che non mi abbiate resposto all’antecedente: ma vi prego di 2. linee ora a posta corrente, significandomi se verrete qui dopo la sessione, o se posso sperare d’incontrarvi a Mansfield, di dove passerò per andare fino a Filadelfia tra 3 settimane in circa. Addio car:mo Amico. Tutto vostro
F. Mazzei
N. B. Abbiate la bontà di sigillare le 3. lettere prima di spedirle. [on cover of letter:] Ò veduto l’Amico a cui vi avevo pregato di mostrar le lettere.

Condensed Translation
Mazzei begs for JM’s help in delivering three letters: one to Hennin by means of the French Chargé d’Affaires and his diplomatic pouch, one to Jefferson by the hands of a member of Congress, and the third to Mari. He asks JM to show the three letters to Edmund Randolph, but in a postscript on the cover adds that he has since shown them to Randolph himself. He would like to know if JM plans to come to Williamsburg after the current session or if he can hope to meet him at Mansfield on his way to Philadelphia in about three weeks. He hopes that JM will answer by return mail, although he still has not received an answer to his previous letter [presumably the one of 15 Nov.].


Title: Resolutions Providing for a Bust of Lafayette, 1 December 1784
From: House of Delegates
To:

In the House of Delegates  the 1st. December 1784
Whereas it was unanimously Resolved on the 17th. day of December 1781, that a Bust of the Marquis De la Fayette, be directed to be made in Paris of the best Marble employed for such purposes with the following inscription.
“This Bust was voted on the 17th. day of December 1781 by the General Assembly of the State of Virginia, to the Honorable the Marquis De la Fayette (Major General in the service of the United States of America and late Commander in Chief of the Army of the United States in Virginia) as a lasting Monument of his merit and their gratitude;”
Resolved unanimously that the Governor with the advice of the Council be authorized and desired to defray the expence of carrying the said vote, into execution out of the fund allotted for the contingencies of Government; that he cause the said Bust to be presented in the name of this Commonwealth, to the City of Paris, with a request that the same may be accepted and preserved in some public place of the said City.

Resolved unanimously, that as a further mark of the lasting esteem of this Commonwealth for the illustrious qualities and services of the Marquis De la Fayette, the Governor with the advice of the Council be authorized and desired to cause another Bust of him with a similar Inscription to be procured by draught on the said Fund, and that the same when procured be fixed in such Public Place at the seat of Government as may hereafter be appointed for the erection of the Statue voted by the General Assembly to General Washington.


Title: From James Madison to James Madison, Sr., 3 December 1784
From: Madison, James
To: Madison, James, Sr.

Hon’d Sir
Richmond Decr. 3. 1784
My last informed you that a vote had passed in favor of Circuit Courts. A bill has since been brought in and will shortly be considered. The difficulty of suiting it to every palate, & the many latent objections of a selfish & private nature which will shelter themselves under some plausible objections of a public nature to which every innovation is liable render the event extremely uncertain. In the Course of this week The H. of D. have agreed to pay the British debts by annual portions for 7 years disallowing interest between the 19th. of Apl. 1775 & 3d. of March 1783, the period of hostilities. It is not unlikely that the same observations above made on the Circuit Court bill may be found applicable to this Case. The bill for the Genl. Asst. was brought in yesterday. Its fate is equally uncertain. I inclose a copy of Treaty at Fort Stanwix which I rcd. by yesterdays post. The Commissrs. were proceeding to Fort Pitt to hold another Treaty. No Congs. had been formed on the 20th. of Novr. nor much prospect of a speedy one. The British hold the N. Western Post yet & assign in justification the breach of the Peace in Virga. & N. York. I am much better than at the date of my last & with affct. respects to family Remain Yr. Dutiful Son
Js Madison Jr.
[P. S.] Mr. Innes is not here & I believe is gone towards Kentucky, it will be well therefore to write to him on yr. business; if he sd. appear here again I can speak to him.


Title: Resolution on Pensions for Wounded Veterans, 3 December 1784
From: Madison, James
To:

[3 December 1784]
Resolved, that it is the opinion of this committee, That the Executive ought to be authorised to put on the pension list all officers and soldiers, who have been wounded in the service of their country, and whom they may think entitled to the same, upon application being made to them therefor.


Title: From James Madison to James Monroe, 4 December 1784
From: Madison, James
To: Monroe, James

Dear Sir
Richmond Decr. 4. 1784
On Saturday last a proposition was agreed to for establishing Circuit Courts throughout this Commonwealth, and yesterday a bill for that purpose was reported. On wednesday next it will undergo a discussion of the Come. of the Whole. The circumstances under which it has passed thus far seem to promise a favorable issue, but the dangers which it is yet to go thro’ are formidable. They proceed from latent & interested objections which have on several former occasions proved fatal to similar attempts. The plan is pretty analagous to the Nisi prius establishmt. in England. On Teusday sundry propositions were made by Mr. Jones, in favor of the 4 art. of the Treaty of peace. They passed by a large majority with blanks as to the length of time to be given for the payment of the principal and for disallowing the interest. The former was filled up with seven years, in preference of 10, 8, 6, & 5 which were contended for on different sides. The latter with the period between Apl. 19: 1775, & March. 3. 1783, in preference to the period between the first date & May 1784, the date of the exchange of Ratifications. The bill will probably pass but not I fear without some improper ingredients, & particularly some conditions relative to the N. W. Posts or the Negroes which lye without our province. The bill for the Religious Asst. was reported yesterday and will be taken up in a Come. of the Whole next week. Its friends are much disheartened at the loss of Mr. Henry. Its fate is I think very uncertain. Another act of the H. of D. during the prest. week is a direction to the Executive to carry into effect the vote of a Bust to the M. de la fayette, to be presented to the City of Paris, & to cause another to be procured to be set up in this Country. These resolutions are so contrived as to hide as much as possible the circumstance in the original vote of the bust being to be presented to the Marquis himself. I find by a Letter from Gl. Washington that he was on the 28th. ult: just setting out to accompany the Marquis to Annapolis & thence to Baltimore. The latter may therefore soon be expected at Trenton. He has been much caressed here as well as every where else in his Tour, and I make no doubt he will leave Congs. with equal reason to be pleased with his visit. I meant to have sent you a copy of the Resolutions touching the Busts, but have been disappointed in getting one. They were offered by Mr. Jones & agreed to unanimously, as they no doubt will also be in the Senate. Wishing you all happiness I am Dr. Sir Yrs Sincerely
J. Madison Jr.


Title: From James Madison to Lafayette, 4 December 1784
From: Madison, James
To: Lafayette, Marie-Joseph-Paul-Yves-Roch-Gilbert du Motier, marquis de

4 December 1784, Richmond. Lafayette refers to this letter in the 17 December addendum to his 15 December 1784 letter to JM. The lost letter contained news of the resolution passed in the House of Delegates to have two busts of Lafayette made and placed in the Virginia capital and in Paris.


Title: To James Madison from James Monroe, 6 December 1784
From: Monroe, James
To: Madison, James

Dear Sir,
Trenton Decr. 6. 1784.
I enclose you a paper wh. will give you a state of the representation of the States, beside wh. little else hath taken place worthy yr. attention. Mr Jay is here & will I understand accept the office of foreign affrs. upon condition Congress will establish themselves at any one place. The conduct of Spn. respecting the Mississippi &ca. requires the immediate attention of Congress. The affr. is before a Committee. I think we shall leave this place & either remove to Phila. or N. York but to wh. is uncertain. I am very respectfully yrs.
Jas. Monroe


Title: From James Madison to Richard Henry Lee, 11 December 1784
From: Madison, James
To: Lee, Richard Henry

Dear Sir
Richmond, December 11th, 1784.
I was, by Thursday’s post, favoured with your’s of the 26th of November. We had begun to despair of a Congress being made up in time for a decision on the case referred to them by the resolutions of our last session. I now hope that we may yet hear from you, on that subject, before our adjournment. The bill on the resolutions in favour of the treaty of peace, mentioned in my last, is not yet reported. It will, I am persuaded, need the reenforcement of an exhortation from Congress. The Glasgow merchants have authorized their agents here to compromise for the payment of their debts in four years, and a memorial will, I understand, be presented to that effect in a few days. My next will inform you of the result. The past week has been spent chiefly on the assize bill, which yesterday past the house of delegates with a very feeble opposition, and a very few dissenting voices. Its fate now depends on the senate. It is pretty analogous to the nisi prius establishment of England. The number of assize courts is seventeen. A smaller number was proposed, but we thought ourselves lucky in being able to give general content by such an augmentation. The counties of Northumberland, Westmoreland, Richmond, and Lancaster, form one district; the court house of the first being the seat of the assize court. The friends of this measure here considered it as a foundation for a very important and salutary amendment of our judicial system. The bill for a general assessment has not yet undergone a discussion; the same is the case of the militia bill. The scheme for opening the navigation of the Potomac, which has been settled between the Maryland and [the Virginia] gentlemen, is before the House of Delegates, and will be favoured, as far as the objectionable amount of the tolls will admit. As the concurrence of Maryland in this scheme is necessary, some difficulties will attend its progress. The difficulty of providing for a representation of this state in Congress, under the act for the annual meeting of the Assembly, has been a subject of conversation. The loss of that benefit is a serious matter; but is not the appointing of delegates a year before they are to serve, rather a singular expedient? The vacancies in the council had all been filled before the receipt of your recommendation of General Gates. I must beg the favour of you to excuse my not obeying, by this post, the last request in your letter, as to the expediency of a continental convention—having, at present, only time to add, that, with great respect and regard, I have the honour to be, Your obedient, and very humble servant,
James Madison, Jun.


Title: From James Madison to James Monroe, 11 December 1784
From: Madison, James
To: Monroe, James

Dear Sir
Richd. Decr. 11. 1784
Neither of the two last posts brought me a line from you. I find one in the office for Mr. Jones who is absent on a visit to King George. I expect him back on Monday next. Our proceedings throughout this week have turned chiefly on the bill for assize Courts, which yesterday passed the H. of D. after a faint opposition and with very few dissenting voices. It is formed pretty much on the pattern of the English establishment. The disposition of the Senate towards the bill is not yet certainly known but is presumed to be not unfavorable. Present my compliments to Mr. Mercer. I intended to have dropped him a line by this post, but am too much abridged in time. You will be so good as to mention to him the progress of the Assize bill which if I do not forget his sentiments, will give him pleasure. With much respect I am Dr. Sir Yrs. sincerely
J. Madison Jr.
There are a number of letters in the post office here for Mr. Jefferson, from different quarters. Ought they to be sent to Europe or to His Steward?
I find that the letters of Mr. Mazzei covered to you by the last post, did not pay the postage here as I signified. I sent the money for the purpose with the packet, but the Post-Master refused to take it, alledging its address to a Member of Congs. and the post went off before I could make the explanations. If you think it worth while you can settle the matter with the Post office at Trenton, & let me know the amount.


Title: To James Madison from James Monroe, 14 December 1784
From: Monroe, James
To: Madison, James

Dear Sir
Trenton Decr. 14. 1784.
I have recd. yr. favor of the 27. of Novr. in answer to mine of the 15th. My last gave you the state of the representations here. The business of importance is still before committees or if reported not yet acted on. It seems to be the Genl. sense of Congress to appoint a minister to the Ct: of London & to give him instructions upon many subjects & particularly those wh. arise in the conduct of both parties under the treaty but whom they may appoint is incertain, indeed I fear that the difficulty of obtaining a vote for any person will obstruct this measure for a length of time. Franklin hath thro’ Mr. Laurens & the Marquis of Fayatte solicited permission to return home; this will no doubt be assented to as soon as taken up. An appointment must therefore be made in his place to that ct.; I think there will be little difficulty in obtaining it for Mr Jefferson, for the opinion of all the members seems to concur in the propriety of it. The first question will be whether we shall or not add other ministers to those in office & annex them to the cts. of London & Madrid, or depend on those for the manag’ment of all our business in Europe.
Connecticut hath I hear authoriz’d Congress to carry into effect the impost with the assent of 12. States only. She hath also laid a duty of 5 pr. centm. upon all goods imported from a neighb[o]ring State. This affects R. Island very sensibly. The question must soon be decided whether this State will accede to this measure, or the other States recede from it for it is sd. N. York & Georgia will join in it. Have you been able to carry the point in fav[or] of the delivery of such citizens as may be guilty of the offences you describe, to the power, in whose territory & agnst, whose subjects they are committed. This is certainly in strict conformity to the laws of nations but I believe not the common practice, except between those with whom particular treaties stipulate it. With us it will be beneficial as it must serve not only politic[s] but in the instance of the Indians (if the latter are comprehended in it) very humane purposes. I wish the same regulation cod. take place throughout the union but especially on the frontier next the Brit[is]h. But how are you to ascertain the fact or what evidence wod. yo[u] require of it? Or do you mean it shall operate without the concurrence of the other States? I expect Mr Jones hath left Richmond before this but if he hath not be so kind as make my best respects to him as also to Mr Stewart & believe me with great respect & esteem yr. friend & servant
Jas. Monroe


Title: To James Madison from Lafayette, 15–17 December 1784
From: Lafayette, Marie-Joseph-Paul-Yves-Roch-Gilbert du Motier, marquis de
To: Madison, James

Editorial Note
Lafayette arrived in New York on 4 August 1784 for a visit which lasted until 21 December 1784 when he sailed to France aboard the frigate La Nymphe. During his stay, he was greeted by Washington and other Virginians at Richmond on 18 November. After feastings, celebrations, and a visit to the State Assembly, the two Revolutionary heroes spent a few days at Mount Vernon and then went north, parting at Baltimore. In early December Congress was meeting in Trenton, and there Lafayette received honorary American citizenship. Arriving in New York on 15 December, Lafayette wrote to JM, who had accompanied him on a tour of the Mohawk Valley during September and October 1784 (J. Bennett Nolan, Lafayette in America Day by Day [Baltimore, 1934], p. 215 and passim; Richmond Va. Gazette and Weekly Advertiser, 20, 27 Nov. 1784).

My dear Sir
Newyork December the 15th 1784
Before I leave this Continent, give me leave once more to Bid You Adieu, and to Assure you with the Sincerity of my Heart, that One of the Most pleasing Circumstances, not only of my Voyage, But also of my Life, Has Been to obtain as an intimate friend the Man who Before this last time, was only to me a valuable and Agreable Acquaintance. Hitherto You Had Been my friend as the World Calls it—But now I Hope you are my friend as my Heart Reckons But few men—and once for all, I wanted to tell you that I know you, esteem you, and love you with all the warmth of my regard and affection.
I Have pretty rapidly past through Mount Vernon—Annapolis—Baltimore—Philadelphia—and Trenton. There I was Happy to find delegates from every state But Mary land—and what is Better still than a Numerous Congress, I also found a very Respectable one who, I Hope, will do great deal of good. Their most Kind Reception of me, you will find in the papers. This only I will add that some Gentlemen Having proposed I Should Be Requested to continue my Services—all the House Said No American Could Harbour Any Idea that Should make it a question—and so Confi[d]entially, and affectionately it was taken up, that it Renders almost Useless Any Recommendation which However would Be Made on Occasion. But as M. Jay will I Hope Accept, and as M. Jefferson will certainly Be the Minister to France, I shall Be Very Happy in my American public Business.

Give me leave, my dear Sir, to Recommend you the three little Memorials that I laid Before the Assembly. Be so Kind as to pay my Compliments to Mr. Harrison, M. Jones, and M. Henry to whom I will write from France. I Have seen Mercer who seems to Act as well in Congress as He did once in our Virginian Army. Besides His Congressional Conduct I am pleased with His future prospect of Happiness in an Union with the fair Miss Sprig. Our friend Munro is very much Beloved and Respected in Congress—and Mr. Hardy seems to me a very distinguished Young Man
I Have much Conferred with the General Upon the Pottowmack System. Many people think the Navigation of the Mississipy is not an advantage—But it May Be the Excess of a very good thing Viz the oppening of your Rivers. I fancy it Has not changed your opinion—But Beg you will write me on the Subject. In the Mean while I Hope Congress will act cooly and prudently By Spain who is such a fool that allowances must Be Made.
Be so Kind, my dear Sir, as to let me often, and By every packet Hear from You. I want to Hear of Your private Concern along with your public afairs, and I Beg You will let me Know every thing that is interesting to you. I shall on my side do the same. The chevalier’s Best Compliments wait upon you—Adieu, Your affectionate friend
Lafayette
[Postscript to Lafayette’s letter of 15 December]
Newyork december the 17th: 1784
My dear Sir

Previous to the Receipt of your letter the 4th inst I Had prepared to send you the foregoing scrawl, and am now to aknowledge your friendly communication of the Resolve which your State Have been pleased to pass. I Beg you will Become an interpreter of the Gratefull sense I Have of such a favour, conferred in so particular and flattering a manner. An official communication Had Been Made of the first Resolve, to which my Answer did not Arrive, as it was in time of war. But Having Apologized through Gel Washington a long time Since, I think I Have Nothing official to do Now with propriety as the matter Stands. In Case I receive a letter, I shall of course Answer it the Best I Can.

The printer of the Irish Volunteer Journal Has Been obliged to fly for His life, and Now is in Philadelphia where He sets up a paper. He lives at Mr. Sutter’s [House on?] front street. I think we ought to encourage this Martyr to the cause of liberty. My Speech to the Indians Had Been printed By the French Consul at Newyork against my intention—But I Had this Matter put to Rights
Tomorrow morning I will sail. Adieu, my dear friend, God bless you, write me often and believe me for ever Yours
Lafayette


Title: To James Madison from James Monroe, 18 December 1784
From: Monroe, James
To: Madison, James

Dear Sir
Trenton Decr. 18th. 1784.

Yours of the 4th. inst. I have recd. Congress are now closely engag’d in very important business. Reports upon our affairs with G. B. Spain & our foreign affrs. in general have been presented & alternately acted on. To adjust the points of variance between us & the former Court. It seems to be the general opinion that a Minister shod. be sent there, that it would tend to conciliate the disposition of either to the other, effect the settlement of those points & avert the evils wh., if things remain long in their present state, threaten both parties, that it is more honorable to both that they shod. be adjusted in one of our capitals & that we owe that respect to the elder party. We have had no official communications but those with wh. you are already possess’d on the subject. Docr. Franklin hath thro’ Mr. Laurens & Fayette desir’d permission to return home which will of course be granted. The claim of Spain to the exclusive navigation of the Missisippi &ca had been presented to our view before the instructions from Virginia arriv’d, in a note from Marbois covering a letter from Rondon with the extract of a letter from Don Galvez. Mr. Marbois assures us of the pleasure with wh. the K. of France will see measures taken to co[n]solidate & maintain a good understanding between U. S. & Spain altho’ the letter & the extract were from people unknown to us still the manner in wh. they come entitled them to our attention, I mean the contents. At the same time therefore that it was thot. necessary to make a polite return to the note it seem’d to be generally agreed that measures shod. be taken with the Ct. of Spain for the amicable settlement of those points; and that a Minister shod. also be sent there. The question then arose how shall these several negotiations be carried on & by whom, the gentn. now in office or shall others be appointed. [Laurens] R. R. Livingston & all those who were averse to new appointments (the affrs. with Spain being first before us) were for evading the question, whether new appointments shod. or not take place, & appointing Mr. Jefferson immediately to the Court of Spain in support of wh. they urg’d the particular qualification of Mr. Jefferson for that business. The object of the two former was readily perceiv’d. The two Courts of G B & F wod. then be open. The first is I believe contented with his present station, the salary of wh. will I think be rais’d & some other matters so settled as to accommodate him, but the latter wod. willingly serve the U. S. at either of those Cts. It was therefore in opposition to this urg’d that for the more permanent interests of the U. States, if we were to be represented only at two Courts it had better be at those of F & G. B than any others; that the minister station’d at each migh[t] make occasional trips elsewhere & return, that in the magnitude of the question & the urgency of it that of G. Britain was the first object before us, that the regular way was to take up the whole together; first give Franklin permission to return & in respect to that Court supply his place, that then the question wod. com[e] regularly before us, shall Jefferson & Adams transact our other busines[s] with the other Courts or shall we appoint others, that those who were averse to other appointments wod. derive advantage fro[m] bringing it on in this manner, for then each point wod. stand fairly on its own ground & be determin’d by its ixpedience. After very long debate it was carried that a minister shall be appointed & sent to the Court of Spain instructed & ca. The decision of the house, in the point upon wh. it turn’d was, tha[t] he shod. be appointed from the Continent, but those in office are not precluded from the vote. They are however not in nomination. R. R. Livingston, Govr. Johnson of Mary[land] R. H. Lee & some others are. R. H. Lee earnestly advocated the appointment of Jefferson to the Court of Spain only in my opinion to open those of G. Britain & France to himself & friends among whom are R. R. Livingston & Arthur Lee. He reprehends highly the opposition the other Delegates made to it, talks of the superior urgency of the affairs of Spain to us & ca. Fayette & Marbois assur’d me that Jefferson had been well recd. in the Court of France & that it was their wish he shod. succeed Franklin. R. H. Lee hath hitherto giv[en] all the opposition in his power to this appointment & will continue to do it untill opposition will be vain wh. I think will be the case. Arthur Lee is in the nomination for the Treasury bd. by Mr. Gerry & Mr. Mercer by a delegate from Georgia. In a late ballot Osgood had 6 votes, Mercer, 5 votes & Arthur Lee two, Virginia votes for Mercer & seem’d inclin’d to suffer A. Lee to retire from the publick serv[ice] in the opinion it will be advantageous to the publick. It is propos’d to recommend it to the States to invest Congress with the power to regulate the commercial intercourse of the States with other powers, without wh. it is thought impracticable to comply with our ingagements in tre[aty] or derive any advantage from them as a nation, to regulate the duties upon imports & exports, by wh. if wise regulations are adopted, we may take some share in the carr[y]ing trade by giving priviledges to our own citizens in the exp[or]tation wh. may incourage the merchants of the U. S. to imploy natives as navigators as well as the merchts of other countries to take in partnership those of the States. To enable us further to act in concert in the measures wh. may be found necessary to counteract the policy of the power[s] with whom we have not treaties of commerce: propositions to this effect are before a committee. The regulation & revenue are seperated from each other, the latter will go to the States unless conceded to the U. S. for particular purposes by each particular State. As a citizen & a lawyer I am pleas’d with the regulation taking place in the judicial department. I am yrs. very sincerely
Jas. Monroe
P. S. I heartily wish we had a better cypher, as it is dangerous to trust those subjects upon wh. I wish most confidentially to correspond with you thus to chance & the curiosity of vicious or idle people. In this place I cannot procure a scribe, can you in Richmond?


Title: Bill Providing Funds for a James River Canal, [18 December] 1784
From: Madison, James
To:

Editorial Note
The distance between Norfolk and Louisville, at the Falls of the Ohio, is about 525 miles; but in the 1780s the question was not how remote the extremes of Virginia were from each other, but whether these distant points even belonged in the same empire. In tidewater Virginia there was much feeling that navigable rivers from the foothills of the Alleghenies would draw western produce to eastern ports, lessening a dependency upon the Ohio or the whims of Spaniards who controlled the Mississippi. JM had turned the matter over in his mind until convinced that trans-Allegheny Americans had to depend upon rivers flowing west and south. George Washington was typical of the other kind of Virginian, however, who wanted a network of deep river channels and canals extending into gorges that would link the transmontane region with Atlantic ports. Thus convinced, Washington traveled to Richmond in the fall of 1784 while the General Assembly was in session, the ostensible purpose of the visit being a meeting with Lafayette, but in fact the General went as a lobbyist for a Potomac canal project. With great delight, Washington reported to Lafayette on 15 February 1785 “that the exertions which you found, and left me engag’d in, to impress my Countrymen with the advantages of extending the inland navigation of our rivers, and opening free and easy communications with the Western Territory (thereby binding them to us by interest, the only knot which will hold) has not been employ’d in vain” (Fitzpatrick, Writings of WashingtonJohn C. Fitzpatrick, ed., The Writings of
          George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington,
        1931–44)., XXVIII, 72).
Passage of bills which permitted the creation of public corporations for canal-building projects on the Potomac and James rivers was the cause of Washington’s optimism, and the credit for their enactment was chiefly his. As Madison explained to Jefferson, the subject was tossed in the legislators’ laps by Washington when he wrote a persuasive letter to Governor Benjamin Harrison, who in turn relayed the message to the House of Delegates with a strong endorsement. The governor’s covering letter spoke of Washington’s arguments as conclusive, and expressed hope that the General Assembly would move forward by “setting on foot the surveys recommended as a necessary preparatory Step to the undertaking” (ibid., XXVII, 471–80; Executive Letter BookExecutive Letter Book, 1783–1786, manuscript in Virginia State
        Library., pp. 412–13).
With such powerful support, aided by the petitions from citizens whose signatures attested their belief in the efficacy of canals as harbingers of prosperity, the legislative course of necessary bills was sure and steady. JM was chosen as one of the floor managers for the program, and a model for the Potomac canal project was prepared and forwarded to Richmond by Washington after it had been revised and passed by the Maryland legislature (Laws of Maryland … at a Session of … 1784 [Annapolis, 1785], chap. XXXIII). Washington had gone to Annapolis to further the scheme and although his head throbbed he reported the altered bill had passed “with only 9 dissenting voices” (Washington to JM, 28 Dec. 1784). Everybody in the Virginia legislature must have known that the Potomac bill soon to be introduced in Richmond came via Mount Vernon.

Before the model act from Maryland had reached his hands, however, JM had already introduced the bill printed below and it had gone through all the steps for enactment except Speaker Benjamin Harrison’s signature. As JM told Jefferson in his letter of 9 January 1785, his bill would have financed the canal by borrowing money on a 10 percent loan guaranteed by the credit of the commonwealth “inviolably pledged for both principal and interest.” The arrival of the Potomac bill from Maryland changed the whole complexion of the legislation, for the Annapolis-passed measure created a public corporation with shareholders subsidizing at least $222,222.22 in construction funds (Hening, StatutesWilliam Waller Hening, ed., The Statutes at
          Large; Being a Collection of All the Laws of Virginia, from the First Session of the
          Legislature, in the Year 1619 (13 vols.; Richmond and Philadelphia, 1819–23)., XI, 511). The House decided to drop JM’s bill and use the Maryland statute (almost verbatim). Surely the appeal of a corporation with no risk of public money must have held its allurements. Thus, “it was found advisable to pass a similar one in favor of James River” and JM’s energies were turned to a new channel. William Grayson handled the borrowed Potomac River bill, JM took the assignment for the James River version, and after several tries the companion bills survived a House-Senate conference committee to become law on the same day—5 January 1785. To guard against future disappointment the bills took cognizance of past failures and ordered that the work begin within a year and be finished within ten “under the penalty of entire forfeiture” (JM to Jefferson, 9 Jan. 1785). Washington, the optimist, told Robert Morris of the Potomac project and added that if he were inclined “to encounter present inconvenience for a future income, I would hazard all the money I could raise” (Fitzpatrick, Writings of WashingtonJohn C. Fitzpatrick, ed., The Writings of
          George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington,
        1931–44)., XXVIII, 55). JM, the realist, was more cautious. “These acts are very lengthy,” he wrote Jefferson, “and having passed in all the precipitancy which marks the concluding stages of a Session, abound I fear with inaccuracies.”

[18 December 1784]
Whereas the opening and extending the navigation of James River will greatly enhance the value of lands lying on & near the same, as well as facilitate the communication with the Western Country, and enlarge the commerce of the State; and Whereas the state of the public revenues will not admit of advances of money for the said purpose from the public Treasury, and it may reasonably be expected that individuals whose interests will be immediately & principally promoted by such a measure will voluntarily supply the means of carrying the same into execution, in case proper opportunity & encouragement be given therefor; Be it enacted by the General Assembly &c. . that the Governour with advice of the Council of State be & he hereby is authorised to appoint  Persons as Trustees for the purpose of opening and extending the navigation of James River from tide water to  and to fill up vacancies which may happen from deaths, refusals to act, or resignations or removals out of the Commonwealth: which Trustees or any  of them shall have power to appoint by majority of voices from their own number, any one or more persons who shall be receivers of all subscriptions & payments made for the said purpose, shall each of them give bond with security in the Court of the County where he may reside with a condition that he his heirs Executors & Admtrs. shall faithfully account with the said Trustees for all monies which by virtue of his appt. may come into his hands, and that he will pay out the same on their order; and each of the said Receivers for his services herein shall be allowed such sum not exceeding  as the Trustees may judge reasonable. The Subscriptions shall be in such form as the Trustees may direct, shall oblige the subscribers to pay to the receiver the sum subscribed in three annual payments, the first payment to be become due on the  day of  shall be extended in words and not in figures, shall be under the hand & seal of the Subscriber and attended by one or more Witnesses; and so soon as the subscriptions taken by any Receiver shall amount to  pounds the same shall be recorded in the Court of the County where he may reside, and the monies therein subscribed may if not paid at the times of their becoming due, be recovered by the receivor in the name of the Trustees on motion with 10 days previous notice in the General Court, or Court of the County where the subscription shall have been recorded. All monies subscribed as above shall be & the same are hereby appropriated to the said purpose of opening & extending the said navigation, and shall in no case be applied to any other purpose whatsoever; and the said Trustees are hereby authorized to issue their orders therefor on the said Receivers & to enter into contracts with any person or persons for clearing the said river or any part thereof, cutting canals, or constructing any lock or locks, or other works which they shall judge necessary or for preserving, repairing or attending the same when cut or constructed; provided that before any such canal shall be cut or works constructed the lands thro’ which or whereon the same are proposed to be executed, shall be viewed & valued by a jury in the same manner as is directed by law in cases of petitions for land to build a mill on, and shall be paid for by the said Trustees before any use shall be made of such lands.
And Be it enacted that in case the said sum of  shall have been expended without compleating the purpose for which the same was subscribed, the Trustees are hereby authorized by a Receiver or Receivers appd as aforesaid to take further subscriptions not exceeding pounds, payment thereof to be made at such times as the Trustees shall fix, and to be secured in manner aforesaid.
And Be it enacted that in case the monies subscribed in pursuance of this Act shall not on the  day of  amount to the sum of  the several subscriptions shall be cancelled, and shall not be recoverable, But if the sum subscribed shall on the said of  day of  amount to  in that case the same and all other sums subscribed under this act, shall bear an interest of  per Ct. to be paid annually on the  day of  And as a further security & encouragement to the Subscribers the tolls hereafter to be fixed & collected on the Said River above tide water are hereby pledged & appropriated as a fund for discharging first the interest & then the principal of their respective subscriptions.


Title: To James Madison from Edmund Pendleton, 18 December 1784
From: Pendleton, Edmund
To: Madison, James

18 December 1784. The list probably kept by Peter Force (DLC: Madison Miscellany) indicates Pendleton wrote a letter from Edmundsbury on this day that was an “Appeal for the family of Philip Davis; a forger of tobacco notes.” The punishment for forging tobacco notes was death (Hening, StatutesWilliam Waller Hening, ed., The Statutes at
          Large; Being a Collection of All the Laws of Virginia, from the First Session of the
          Legislature, in the Year 1619 (13 vols.; Richmond and Philadelphia, 1819–23)., IX, 516). Counterfeiting and forgery were accounted treason and under the common law the estate of the felon was forfeited to the state. The petition on behalf of “the family” was an effort to save the estate of Philip Davis for the benefit of his family. There is no surviving evidence that JM aided Davis, who, although convicted, was reprieved and his sentence was commuted to five years of public labor (JCSVH. R. McIlwaine et al., eds., Journals of
          the Council of the State of Virginia (4 vols. to date; Richmond, 1931——)., III, 414, 416, 419, 422; Patrick Henry to Charles Pearson, 28 Mar. 1785, Executive Letter BookExecutive Letter Book, 1783–1786, manuscript in Virginia State
        Library., pp. 452–53).


Title: Editorial Note: Madison’s Notes for Debates on the General Assessment Bill
From: Madison, James
To:

Once the Revolution began, most Virginians accepted all fundamental breaks with the past save one—the established church. Clearly it was preservation of the old, comforting traditions of the Anglican church and not the institution of established religion per se that interested many men who ordinarily had the most advanced ideas about individual rights. Thus the maintenance of even the most tenuous ties to the old formal religious past became a highly controversial matter. To men whose bent was to seek out the superficial as an answer for the complex, it was easy to assume that broken bonds with the Anglican church explained the noticeable “decline in morals during the war” (Meade, Patrick Henry, II, 275–78). The tide in Virginia after the peace treaty was ratified ran in a conservative direction, with religious affairs the most evident symbol of the gap between contending philosophies, and with Patrick Henry ready to champion a state-church tie. Circumstances placed JM foremost among those against a religious subsidy from the state. The tocsin had been sounded at the May 1784 session of the General Assembly, when there had been a two-pronged effort to cling to the prewar condition vis-à-vis Anglicanism. A bill was brought forward by the conservatives for incorporating the Protestant Episcopal church, which would have given the old Anglican vestries legal title to the church buildings, parish houses, and other property. Another measure, traveling under the euphemistic name of a General Assessment bill, “would simply place Virginia in the path then followed by the three New England States least liberal in religion” (Nevins, American States during and after the Revolution, p. 338). JM went to Richmond in the spring of 1784 forewarned that Henry would push the bill from behind the scenes, and its adversaries hoped the issue would seem doubtful enough that Henry would not risk his popularity by championing the bill “in public” (Randolph to Jefferson, 15 May 1784, Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of
          Thomas Jefferson (18 vols. to date; Princeton, N. J., 1950——)., VII, 260). For JM and his liberal-minded friends in the legislature, the question was not whether Virginians were swearing more, drinking in excess, racing horses too avidly after Sunday church services, bearing more illegitimate children than in earlier times, or any other specific grievance—but whether the state had any right whatever to tax its citizens in support of a religious establishment. The time had not been ripe in 1776 to implement fully Article XVI of the Declaration of Rights, nor had the winds of change been strong enough in 1779, when Jefferson’s bill fixing religious freedom had passed two readings and then languished in the committee pigeonhole. As sometimes happens in legislative experience, a positive law has to await the turmoil of public debate over a negative measure, until its adherents can then make their bid while the discredited bill is being swept away in little pieces. This was to be JM’s experience with the General Assessment bill—although the salutary outcome was hardly foreseeable in November 1784. At the May 1784 General Assembly there had been rumblings from outlying districts where the old Anglican leaders calculated that the public good and tax-supported churches or schools were inextricably interwoven (Warwick County petition, JHDVJournal of the House of Delegates of the
          Commonwealth of Virginia; Begun and Held at the Capitol, in the City of Williamsburg.
        Beginning in 1780, the portion after the semicolon reads, Begun and
          Held in the Town of Richmond. In the County of Henrico. The journal for each session
        has its own title page and is individually paginated. The edition used is the one in which
        the journals for 1777–1786 are brought together in two volumes, with each journal published
        in Richmond in either 1827 or 1828 and often called the “Thomas W. White reprint.”, May 1784, p. 8). The Baptists, as usual, protested in the other direction, and the upshot was that an incorporating bill for the Episcopal church was introduced and carried over. As JM reported to Jefferson, the boldness of the one-time Anglicans was in itself insufficient to save the incorporating act, but it was finally saved “from a dishonorable death by the talents of Mr. Henry” (JM to Jefferson, 3 July 1784). Equally unsure of their strength on the General Assessment bill, its supporters also allowed it to be deferred until the October session. While JM had been traveling that autumn above the Potomac, witnessing Indian powwows and chatting with old friends in Philadelphia, the advocates of a connection between church and state had been engaged in more serious pursuits. Petitions from Henry’s old bailiwick in Hanover County and elsewhere seemed proof that Virginians wanted a return to the earlier custom of public support for religious bodies. JM learned one lesson from this experience and did not thereafter wait for public opinion to manifest itself casually. The advocates of a church-state tie found that the petitions, private conversations, Henry’s known friendliness, and a real division among the liberals as to what was their best course—all these factors in combination meant that JM had to fight a rear-guard action at the October 1784 General Assembly session and devise stratagems to keep the liberals’ loss from turning into a rout. His notes for speeches attacking the Assessment bill are not the carefully planned work needed to stop a steamroller. What his colleagues thought of such efforts was predictable—the younger progressives thought JM “display’d great Learning & Ingenuity, with all the Powers of a close reasoner” (Beverly Randolph to Monroe, 26 Nov. 1784 [DLC: Monroe Papers]). Surely Richard Henry Lee knew JM’s position and probably his speeches, so Lee’s remarks to JM on the debates must be read in that light. “Refiners may weave as fine a web of reason as they please, but the experience of all times shews Religion to be the guardian of morals” (26 Nov. 1784). The battle over incorporating the Protestant Episcopal church was over by Christmas 1784, with JM voting for the revised bill, not out of conviction, but to gain time. The Christmas Eve vote to postpone a third reading of the bill “establishing a provision for the teachers of the christian religion”—the General Assessment bill in a new dress—was another bargain to gain precious months (JHDVJournal of the House of Delegates of the
          Commonwealth of Virginia; Begun and Held at the Capitol, in the City of Williamsburg.
        Beginning in 1780, the portion after the semicolon reads, Begun and
          Held in the Town of Richmond. In the County of Henrico. The journal for each session
        has its own title page and is individually paginated. The edition used is the one in which
        the journals for 1777–1786 are brought together in two volumes, with each journal published
        in Richmond in either 1827 or 1828 and often called the “Thomas W. White reprint.”, Oct. 1784, p. 82). How could public opinion in Virginia be weaned away from this reactionary measure? Where was the dream JM shared with Jefferson that was set down in the dust-covered bill for establishing religious freedom? When such old and liberal allies as Richard Henry Lee and Edmund Pendleton thought he had overreacted to the General Assessment bill, it was time for JM to ponder. In his letter of 26 Nov. 1784 Lee assured JM that greed was destroying religion in Virginia “for want of a legal obligation to contribute something to its support,” and Pendleton agreed. As Pendleton viewed the matter, the proposed bills contained nothing “which can justly alarm any other society” although he admitted “some very sagacious gentlemen, can spy designs to revive the former establishment” (Pendleton to Lee, 28 Feb. 1785, Mays, Papers of Edmund Pendleton, II, 474). So JM stood in the minority at the October 1784 session and was forced to bide his time, but the sentences for his “Memorial and Remonstrance against Religious Assessments” (ca. 20 June 1785) must have been already forming in his mind.


Title: Madison’s Notes for Debates on the General Assessment Bill, [Outline A], [23–24 December 1784]
From: Madison, James
To:

[Outline A]
[23–24 December 1784]
Debate on Bill for Relig. Estabt proposed by Mr. Henry
1. limited
2. in particular
3. What is Christianity? Courts of law to Judge
4. What edition, Hebrew, Septuagint, or vulgate? What copy—what translation?
5. What books canonical, what apochryphal? the papists holding to be the former what protestants the latter, the Lutherans the latter what other protestants & papists the former
6. In What light are they to be viewed, as dictated every letter by inspiration, or the essential parts only? or the matter in generall not the words?
7. What sense the true one, for if some doctrines be essential to Christianity, those who reject these, whatever name they take are no Christian Society?
8. Is it Trinitarianism, arianism, Socinianism? Is it salvation by faith or works also—by free grace, or free will—&c &c &c—
9. What clue is to guide Judge thro’ this labyrinth? When the question comes before them whether any particular Society is a Christian Society?
10. Ends in what is orthodoxy, what heresy?


Title: Madison’s Notes for Debates on the General Assessment Bill, [Outline B], [23–24 December 1784]
From: Madison, James
To:

[Outline B]
[23–24 December 1784]
I.  Rel: not within purview of Civil Authority.
tendency of Estabg. Christianity
1. to project of Uniformity
2. to penal laws for supportg. it.
—————
Progres[s] of Gen: Assest. proves this tendency
—————
difference between estabg. & tolerating errour—

II. True question not—Is Rel: necesy.?
are Religs. Estabts. necessy. for Religion? no.
1. propensity of man to Religion.
2. Experience shews Relig: corrupted by Estabt.
3. downfal of States, mentioned by Mr. H[enry]. happened where there was Estabts.
4. Experience gives no model of Gel. Asst?
5. Case of Pa. explained—not solitary. N. J.
See Const: of it. R. I. N. Y. D.
—————
factions greater in S. C.
6. Case of primitive Christianity.
of Reformation
of Dissenters formerly.

III. Decl: Rig[hts]. 7. Progress of Religious Liberty

IV. Policy.
1. promote emigrations from State
2. prevent [immigration] into it as asylum

V. Necessity of Estabts. inferred from State of Conty.
—————
true causes of disease

1. War
}
common to other States &

2. bad laws
produce same complts. in N. E.

3. pretext from taxes
4. State of Administration of Justice.
5. transition from old to new plan.
6. policy & hopes of friends to G. Asst.
—————
true remedies not Estabt. but being out war
1. laws cherish virtue
2. Administ: justice
3. personal example—Association for R.
4. By present vote cut off hope of G. Asst.
5. Education of youth
—————
Probable defects of Bill
dishonor Christianity
—————
panegyric on it on our side
—————
Decl: Rights.


Title: From James Madison to James Monroe, 24 December 1784
From: Madison, James
To: Monroe, James

Dear Sir
Richmond Decr. 24. 1784.
Your favor of the 14th. instant came to hand on thursday. A proposition was made a few days ago for this State to empower Congs. to carry into effect the imposts as soon as 12 States should make themselves parties to it. It was rejected on the following grounds 1. that it would present a disagreeable aspect of our affairs to Foreign nations. 2 that it might lead to other combinations of lesser numbers of the States. 3. that it would render R. I. an inlet for clandestine trade. 4. that it would sour her temper still further, at a crisis when her concurrence in some general & radical amendment of the Confederation may be invited by Congress. 5 that the chance is almost infinitely agst. a Union of 12 States on such new ground, and consequently the experiment would be only a fresh display of the jarring policy of the States, and afford a fresh triumph & irritation to R Island. The Act empowering Congs. to surrender Citizens of this State, to the Sovereign demanding them for certain crimes committed within his jurisdiction has passed. Congress are to Judge whether the crimes be such as according to the Law of Nations warrant such demand, as well as whether the fact be duly proven. Concurrent provision is made for punishing such offences by our own laws in case no such demand be made to or be not admitted by Congs. and legal proof can be had. The latter law extends to offences agst. the Indians. As these tribes do not observe the law of Nations it was supposed neither necessary nor proper to give up Citizens to them. The Act is not suspended on the concurrence of any other State, being judged favorable to the interest of this tho’ no other should follow the example, and [naturally?] a fit branch of the fœderal prerogative. The Bill for Assize Courts has passed the Senate without any material amendment, is enrolled, and waits only to be examined by the Committee & signed by the Speakers. The Genl. Assesst. on the question for engrossing it, was yesterday carried by 44 agst. 42. Today its third reading was put off till Novr. next by 45 agst. 37 or thereabouts, and is to be printed for consideration of the people. Much business is still on the table but we shall probably rise about New Years day. I am Dr Sir with sincere regard Yr. freind & Servt.
J. Madison Jr.


Title: From James Madison to Richard Henry Lee, 25 December 1784
From: Madison, James
To: Lee, Richard Henry

Decr. 25. 1784
“In the course of the last week a proposition was made to empower Congress to collect the Impost within this State [Virginia] as soon as 12 States shd. unite in the Scheme. The argumts. which prevailed agst. it were the unfavorable aspect it wd. present to foreigners, the tendency of the example to inferior combinations—the field it wd. open for contraband trade—its probable affect on the temper of R. Isld. which might thwart other necessary measures requiring the unanimity of the States—the improbability of the union of 12. States on this new ground, a failure of which wd. increase the appearance of discord in their policy; and give fresh triumph & irritation to Rh. Isd.
I have not yet found leisure to scan the project of a Continental Convention with so close an eye as to have made up any observations worthy of being mentioned to you. In general I hold it for a maxim that the Union of the States is essential to their safety agst. foreign danger, & internal contention; and that the perpetuity & efficacy of the present system can not be confided on. The question therefore is, in what mode & at what moment the experiment for supplying the defects ought to be made. The answer to this question can not be given without a knowledge greater than I possess of the temper & views of the different States. Virginia seems I think to have excellent dispositions towards the Confederacy, but her assent or dissent to such a proposition wd. probably depend on the chance of its having no opponent capable of rousing the prejudices & jealousies of the Assembly agst. innovations, particularly such as will derogate from their own power & importance. Should a view of the other States present no objections agst. the experiment, individually I wd. wish none to be presupposed here”


Title: To James Madison from Richard Henry Lee, 27 December 1784
From: Lee, Richard Henry
To: Madison, James

Dear Sir,
Trenton decr. 27. 1784
Your favor of the 11th. reached me ten days after its date and after the post had gone out for that week, so that I fear this letter will not get to Richmd. before the adjournment. The proceedings of last Assembly respecting B. debts have not yet been before Congress, because they have not arrived at this place. It seems that they were deposited in Mr. Hardys Trunk which a variety of accidents have prevented him from getting brought here before the adjournment of Congress, which took place on the 24th. They have determined to make New York the place of their temporary residence, & the permanent one is to be on the banks of Delaware within 8 miles of this place, where the fœderal buildings are to be erected as soon as possible. The new Congress meets on the first Monday in Novr. annually. Now it is plain that since the meeting of our Assembly is not until late in October, and as they seldom convene until long after the stipulated time, there is no probability of Virginia being represented for a considerable time after the fœderal time appointed. North Carolina [is] in the same situation, and to avoid the inconvenience has already sent forward her choice of Delegates for 1786 to take their seats on the 2d. monday in Novr. 1785. The Confederation says, to meet on the 1st. Monday, yet the Credentials of most States, & ours among the number, has it From the 1st. Monday, which inaccuracy has caused some debates in Congress, and is fitted to exclude Members for one day, and thereby, in some instances may be productive of inconvenience—this should be alter’d in our next form. I think that the Assize law will improve much the dispensation of Justice in our Country a thing devoutly to be wished. I am very apprehensive that a war with the Southern Indians will take place. Land Speculators, & Spanish jealousy will probably force it on, before our treaty with them can take place. We have such momentous concerns with the two courts of Madrid & London, that we shall be obliged to send special Ministers to each of them, or else a war may be the consequence of neglect. Mr. Madison has been nominated for Spain, and is much approved by the Southern States. The conversation concerning a Continental Convention has ceased for some time, so that perhaps it may not be revived again. The pointed manner in which Spain insists upon the exclusive navigation of Mississippi renders it of more important consequence to explore & improve the navigation of the waters running thro our States. In a few days I proceed to N. York, having given a little time for fitting a Presidents House there. The Members of Congress, except two or 3, are already departed for N. York & Philadelphia.


Title: Act concerning the Appointment of Sheriffs, [28 December] 1784
From: Madison, James
To:

[28 December 1784]
Be it enacted by the General Assembly that if the Justices of the peace for any County within This CommonWealth shall fail to nominate persons for Sheriff according to the periods prescribed by Law every Justice so neglecting his Duty shall forfeit and pay the sum of  pounds & more over shall be subject to be displaced by the Governor & Council. If any person hereafter to be appointed Sheriff of any County shall fail to give Bond in  months after his appointment the Clerk of the Court shall within one month thereafter transmit to the Governor for the time being a certificate of such neglect or failure under the penalty of  pounds. If any person hereafter to be nominated Sheriff of a County shall fail to make application to the Governor for a Commission within  month after such nomination the Governor with the advice of the Council shall and may commission any Justice of the Peace of the said County to be Sheriff of the same.
And be it farther enacted that no under Sheriff shall continue in Office more than two Years.


Title: Resolutions Authorizing an Interstate Compact on Navigation and Jurisdiction of the Potomac, 28 December 1784
From: Madison, James
To:

December 28th. 1784
Resolved that the Commissioners or any two of them appointed on the 28th. day of June last to concert with Commissioners on the part of Maryland, regulations touching the navigation and jurisdiction of the Potowmac, be further authorized ⟨to unite⟩ with the said commissioners in representing to the State of Pennsylvania, that it is in contemplation of the ⟨said⟩ two States to promote the clearing and extending the navigation of ⟨the⟩ Potowmac from tide-water upwards as far as the same may be found practicable; to open a convenient road from the head of such navigation to the waters running into the Ohio; and to render these waters navigable as far as may be necessary & proper: that the said Work will require great expence which may not be repaid, unless a free use be secured to the said States & their Citizens, of the Waters of the Ohio and its branches, so far as the same lie within the limits of Pennsylvania: that as essential advantages will accrue from such works to a considerable portion of the said State, it is thought reasonable that the Legislature thereof should by some previous act engage that for the encouragement of the said works all articles of produce or merchandize which may be conveyed to or from either of the said two States, through either of the said rivers within the limits of Pennsylvania, to or from any place without the said limits, shall pass throughout free from all duties or tolls whatsoever, other than such tolls as may be established and be necessary for reimbursing expences incurred by the State or its Citizens in clearing, or for defraying the expence of preserving the navigation of the said rivers; And that no articles imported into the State of Pennsylvania through the channel or channels or any part thereof to be opened as aforesaid and vended or used within the said State, shall be subject to any duties or imposts other than such articles would be subject to if imported into the said State thro’ any other channel whatsoever; And it is further resolved that in case a joint representation in behalf of this State and of Maryland shall be rendered by circumstances unattainable, the said Commissiers. or any two of them may of themselves make such representations on the subject ⟨to the State of Pennsylvania,⟩ as will in such event become proper; and that in either event they report their proceedings to the next General Assembly.
Resolved that a Copy of the above Resolutions be transmitted forthwith by the Executive to the State of Maryland.


Title: Resolution for Opening Roads to Market Towns, [ca. 30 December] 1784
From: Madison, James
To:

[ca. 30 December 1784]
Whereas the opening & keeping in repair of direct roads from the different parts of this Commonth. to the several marker Towns, and from one market Town to another would greatly encourage agriculture by cheapening the transportation of its productions to the places of consumption & exportation, and would in other respects contribute to the improvement of the Country by facilitating intercourse between the different parts thereof; and it is considered by the present General Assembly, that altho’ the various necessary burdens which now press in on the people render a general plan for the aforesaid purpose unadvisable at this moment, yet that such a beginning ought to be made in the work as will not only produce immediate advantage to the community; but will lead to a more diffusive & compleat execution thereof: And it is the more necessary that the principal roads should be so straightened before the value of the ground to be obtained from individuals increase Be it therefore enacted that the Governour with advice of the Council of State shall be & he hereby is authorized to cause surveys to be made in order to determine the best courses for roads, (having regard to the nature of the ground as well as to distance) from & to the following places: to wit; from
And for executing such surveys the Governor with the advice aforesaid is further authorized to appoint a proper person for each of such surveys who shall be allowed a sum not exceeding  perday during his actual employment in the service, and who may take with him so many assistants & such daily wages as the Executive shall approve. The said Surveyors shall make to the Governour the


Title: Resolution Authorizing Payment to Certain French Creditors, 1 January 1785
From: Madison, James
To:

In The House of Delegates January the 1st 1784 [1785]
Resolved that so much of the Petition of Savary De Valcoulon agent for Messrs Coulougnac and Company merchants of France, as sets forth, that in the year one thousand seven hundred and eighty one, Mr. Peter Pennet as agent for this State in France, was furnished with goods by the said Messrs Coulougnac & Co at a very low advance to a considerable amount, for which their accounts have been liquidated and a Warrant granted the Petitioner for the Balance adjudged to be due thereon, amounting to four thousand seven hundred and eighty five pounds fourteen shillings: That when the said goods were furnished the said Pennet he drew Bills of exchange in favor of the said Coulougnac & Co for the amount of their Claim, which were returned protested, and no allowance has been made them in the said settlement by way of damages in consequence of the said Protests, and praying relief is reasonable: And for ascertaining the damages which have accrued to the said Coulougnac & Co by reason of the said protests, that two persons be appointed one to be chosen by the Petitioner and the other by the Governor on the Part of this Commonwealth, to inquire into and settle the same upon commercial principles and that their report or the report of a third person, to be chosen by them, in case of disagreement Be binding between the Petitioner and the Commonwealth, which reports shall be made to the Executive for a Warrant to issue for such further to Congress to collect the Impost within this State [Virginia] as soon sum as shall be stated to be due to the said Messrs Coulougnac & Co.
Resolved that such other part of the said Petition as prays that funds may be provided for the immediate Payment of the said claim of Messrs Coulougnac & Co is reasonable.


Title: Resolutions Authorizing Surveys for a Western Road and Canal, 1 January 1785
From: Madison, James
To:

Editorial Note
During the last days of the October 1784 session of the General Assembly there was a concerned drive to answer the complaints of isolated citizens in the western counties and the Kentucky district for better roads. Some of the interest undoubtedly stemmed from the attention focused on canal building by Washington’s lobbying activities on behalf of the Potomac and James canals, but JM knew too that Virginians beyond the mountains were handicapped by uncertainties over their navigational rights on the Mississippi—a moot point that was not to be settled soon. Washington argued that roads and canals running from the tidewater region into the Piedmont passes would make Alexandria, Norfolk, and other cities into great depots for western produce provided there existed a cheap means of hauling goods to and from the areas drained by tributaries of the Ohio. The delegates must have known, moreover, that a separatist movement was taking shape across the mountains. At almost the moment JM was introducing this series of resolutions on western roads a group of Kentucky district citizens were meeting to discuss ways of achieving statehood (Abernethy, Western Lands and the American Revolution, p. 304). Among their complaints was “a greevance” because “Merchandize brought into this District by way of Pitsburg” was doubly taxed (Thomas P. Abernethy, ed., “Journal of the First Kentucky Convention, Dec. 27, 1784–Jan. 5, 1785,” Journal of Southern History, I [1935], 75). This meant that most of the goods brought to Kentucky were even higher than usual because of transportation costs and dual taxation—a situation that would be somewhat relieved if roads to Virginia ports were opened. One result of these resolutions and the Kentucky complaints was that the October 1785 session of the legislature voted to build a public highway “at least thirty feet wide” from Greenbrier County “to the lower falls of the Great Kanawa” (Hening, StatutesWilliam Waller Hening, ed., The Statutes at
          Large; Being a Collection of All the Laws of Virginia, from the First Session of the
          Legislature, in the Year 1619 (13 vols.; Richmond and Philadelphia, 1819–23)., XII, 73).

In The House Of Delegates 1 Jany. 1785
Resolved that the Executive be authorized to appoint three persons who or any two of whom shall make an accurate examination and Survey of James river from Lynch’s Ferry in Campbell County upwards of the most convenient course for a road from the highest navigable part of the said river to the nearest navigable part of the Waters running into the Ohio, and of the said Waters running into the Ohio: that they report to the next General Assembly a full account of such examination & survey with an Estimate of the expence necessary for improving the navigation of the said Waters of James river & of the Western Waters, & of clearing the said road; that they be authorized to call on the Lieutenant of the County of Green Brier for a Guard of Militia, not exceeding fifty Men, in case they shall Judge such Guard to be necessary which the sd. Lieutenant is hereby ordered to furnish, and which shall be paid by the Treasurer on Order of the Executive out of the Revenue for the year 1784 subject to be appropriated by Votes of the General Assembly; that the person so appointed shall be furnished out of the said Fund with such sum, not exceeding £200, as the Executive may Judge necessary, and shall each of them be allowed for his Services the Sum of 20/. for each day he shall be employed therein.
Resolved that the Executive be further authorized to appoint three other Commissioners, who or any two of whom shall carefully examine & fix on the most convenient course for a Canal from the Waters of Eliza. River in this State, to those passing thro the State of North Carolina & report their proceedings herein with an Estimate of the expence necessary for opening such Canal to the next General Assembly. And in case they shall find that the best course of such Canal will require the concurrence of the State of North Carolina in the opening thereof, they are further authorized & instructed to signify the same to the said State and to concert with any Person or persons who may be appointed on the part thereof, the most convenient & equitable plan for the execution of such Work, & to report the result to the next General Assembly. The said Commissioners shall be entitled to the same allowance, and be paid in the same manner as those to be appointed under the preceding resolution.
Resolved that the same allowance to be paid in the same manner be made to Thomas Massey for the Service which he is appointed to perform in conjunction with a Commissioner appointed or to be appointed by the State of Maryland.


Title: Act for Clearing and Improving the Navigation of James River, 3 January 1785 (Abstract)
From: Madison, James
To:

Abstract
3 January 1785. JM prepared and introduced a James River canal bill on 18 Dec. 1784, but for reasons explained in the editorial note preceding that measure the bill was withdrawn after a copy of a Maryland canal law reached Richmond. “Good judges” decided JM’s earlier bill provided “an inadequate bait for subscriptions,” so that more liberal terms were offered to prospective investors in the revised plan (JM to Jefferson, 9 Jan. 1785). Clearly this new version was mainly the work of Washington’s friends in the Maryland legislature (chiefly Thomas Johnson) and had few if any of JM’s ideas in its final draft. No Ms of the bill has been found. As passed, the act provided for initial capitalization of $100,000, to be raised through the sale of 500 public shares. A toll schedule was included in the act, and the charter was to be revoked if the canal was not in operation within ten years. As JM acknowledged to Jefferson, the two canal bills were probably too detailed and “abound I fear with inaccuracies”—hence he took pains to make the circumstances clear.


Title: From James Madison to James Madison, Sr., 6 January 1785
From: Madison, James
To: Madison, James, Sr.

Richmond Jany. 6th. 1785 Thursday
This day has put an end to our tedious Session. The principal Acts which have passed since my last, are 1. An Act remitting 1/2 of the Tax for the year 1785 within which was to have been collected that tax, and the tax of 1784 postponed into it. 2. An Act amending the tax on law proceedings &c. 3. An Act for clearing the navigation of Potowmac River. 4 An Act for clearing the navigation of James River. The former has passed in concurrence with a like Act of Maryland and establishes a Company for the purpose. The latter establishes a like Compy. for the like purpose. 5. An Act vesting in Genl. Washington a very handsome share in each of the Undertakings, in a form which was thought most likely to make the compliment admissible by his delicacy. The Genl. Assesst. has been put off till the next Session & is to be published in the mean time. Mr. Porter has a number of printed copies for our County. The inclosed Act for incorporating the Episcopal Church is the result of much altercation on the subject. In its original form it was wholly inadmissible. In its present form into which it has been trimmed, I assented to it with reluctance at the time, and with disatisfaction on a review of it. There has been some error in the case too, for it was unquestionably voted in the House that two laymen should be deputed from each Parish to the Convention spoken of. I had taken it for granted also that the Clergy were hereafter to be elected by the Vestries, and was much surprised on examining the Act since it was printed to find that the mode in which vacant parishes are to be filled, is left to be provided for by the Convention. I consider the passage of this Act however as having been so far useful as to have parried for the present the Genl. Assesst. which would otherwise have certainly been saddled upon us: & If it be unpopular among the laity it will be soon repealed, and will be a standing lesson to them of the danger of referring religious matters to the legislature. I have some business to regulate here which I have put off till the end of the Session, and have some thoughts of spending a week or two in the library of my friend the Attorney Genl. I do not wish my horses therefore to be here till Wednesday Sevennight. I do not know also but I may enter into a bargain here which will require the aid of the Money in the hands of my brother A. and of the payment to be made by Mr. Cowherd at Christmas. Apprize him of this that he may be ready to answer a call upon him. The inclosed letter from Judge Dandridge founded on a mistake will inform you that your bond has passed into his hands. With my regards to the family I am Yr. Dutiful son
J. Madison Jr
Whoever brings down my horses must bring a Portmanteau.


Title: To James Madison from George Muter, 6 January 1785
From: Muter, George
To: Madison, James

Sir
January 6th. 1785.
I have taken the liberty of inclosing some questions, proposed by your friend Mr. Wallace: and I must request the favour of you, to put answers to them, as soon as your attention to business of more consequence, will permitt. I am with respect Sir Your Most hle Servt.
George Muter

[Enclosure]
The following questions ⟨by Mr. Caleb Wallace⟩ are of importance & will probably be debated, when a form of Government is to be adopted.
1st Whether is a representation according to numbers, or property, or in joint prop[o]r[tio]n to both, the most safe and equitable?
2d. Is a representation by Counties to be preferred; or a more equitable mode, ’though more difficult to adjust?

3d Which is to be preferred? An Annual, Triennial or Septennial rotation or succession to Executive offices? Or frequent elections without limitations in choice—or that the officers when chosen should continue during good behaviour?
4th How far may the same person be employed in the different departments of government, in an infant country, where the Council of every individual will be needed?
5th. Should there be a periodical review of the constitution of Government?
6th. Will it not be better, unalterably to fix some leading principles in the form of government, and make it consistent for the legislature to introduce such changes in lesser matters as may become expedient?
7th. Can a Census be provided, that will impartially point out the deficiencies of the constitution, and the violations that may happen?
8th. Is the belief of a God indispensable to civil Society?
9th. As Christianity is generally confessed to be highly conducive to the interests of Civil Society; may it be established by Laws, or unbelievers be subjected to Civil Incapacities?


Title: Pay Voucher as Delegate to General Assembly, 7 January 1785
From: Virginia House of Delegates
To: Madison, James

7th Jany. 1785

The CommonWealth of Virginia

October session

To James Madison Dr.

1784

To 68 days Attendance on Genl. Assembly as Delegate from Orange—a 10/.
£34 …

150 Miles traveling—2 [lb?]. Tobo.
  3 …

Entered

£37 …

John Beckley. C h. D


Title: Election to the American Philosophical Society, 21 January 1785 (Abstract)
From: American Philosophical Society
To: Madison, James

Abstract
21 January 1785. JM was nominated twice by Jefferson in 1784 for membership in this society (Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of
          Thomas Jefferson (18 vols. to date; Princeton, N. J., 1950——)., VI, 542, 556). He was elected to membership on this day along with Manasseh Cutler, Thomas Paine, Richard Price, Joseph Priestly, and twenty-four others (Pa. Gazette, 9 Feb. 1785). Correspondence concerning the honor has not been found.


Title: From James Madison to John Francis Mercer, 24 January 1785
From: Madison, James
To: Mercer, John Francis

24 January 1785. Mercer acknowledged on 8 February 1785 receipt of “your favor of the 24. which pursuing me by a circuitous route, did not reach this untill within a few days.” In all likelihood JM reported to the Virginia congressman the legislative situation following adjournment of the October 1784 session of the General Assembly.


Title: To James Madison from James Monroe, 1 February 1785
From: Monroe, James
To: Madison, James

Dear Sir
N. York Feby. 1. 1785
I have lately heard nothing from you nor indeed from Richmond. I shod. suspect it arose from the adjournment of the Assembly, if I did not presume, had that event taken place, I shd. been instructed to whose care I might address my letters for you in Fredericksburg or Richmond. My letters to Mr Jones have advised you of the principles upon wh. our delegation actd in the questions respecting the places of temporary & permanent residence for Congress; more explicitly perhaps than our communications to the Executive have done, altho’ indeed we have been sufficiently explicit to the Executive. The comrs. for the Fœderal town are not yet elected, arising from the urgency of more important business. I am sorry I have it not in my power to inform you we had already taken measures with the Courts of Spain & Great Britain upon the subjects wh. have arose between us. The reports respecting each, have been frequently acted on, without making any decisive arrangement. That upon a letter of Mr. Laurens desiring permission for Dr. Franklin to retire hath also been before us. It contain’d a provision that a successor be appointed in his room. A division was calld for, upon wh. an amendment to the same effect was mov’d & six States agnst three were for it. Thus it is upon all questions of a similar nature. Some gentn. wish to commit all our affrs. to be transacted at these several Courts to the two gentn. now in office, while we hold that at each Court a minister is necessary. That at the Court of France we shod. always be represented, & at that of the U. Netherlands untill we had pd. the publick debt or establish’d funds for it. That the nature of the business & the manner in wh. it shod. be conducted considering our situation, requires a particular minister at the Courts of Great Britain & Spain at their leasure & who might assume a tone suited to circumstances. That two ministers are incompetent to this business if they are to do it, at the respective Courts & that to attempt it elsewhere will certainly fail of success, since we have information to be depended on that the Courts of Great Britain & Spain dislike to treat with us elsewhere. Upon all these points we have six States & hope upon the arrival of Maryld. or Delaware, both of wh. are expected daily, to have the 7th. The comrs. of the treasury are elected, Gervais, Osgood & walter Livinston are the men. Some import communications being recd. lately from our ministers abroad, it was mov’d that they be referr’d to a committee to determine what part shod. be communicated to the States. A committee was appointed & a report made. A few days afterwards we recd. a letter from Mr. Jay containing the following paragraph “I have some reason to apprehend that I have come into the office of foreign affrs., with ideas of its duties & rights somewhat differt. from those wh. seem to be entertain’d by Congress; if that shod. prove to be the case I shall certainly think it my duty, either to execute it on the plan most agreeable to them or retire from it with as much acquiescense & respect as I accepted it with confidence in their delicacy & gratitude for the honor they did me.” This was also referr’d to a committee to whom Mr Jay gave (to be ingrafted in the report) in writing the following proposition, “and that all foreign letters & papers wh. may be laid before Congress shod. in the first instance be restor’d to him.” Whether it will be the sense of the committee to make it a matter of right in the minister of foreign affrs. to advise Congress in the first instance upon the various subjects of his department & preclude themselves from a previous consideration, or will consider the offices in a different point of view, consulting him when necessary & refering or declining to refer to him, at pleasure, any of the subjects before them, is yet to be determin’d. I am very respectfully yours
Jas. Monroe
P. S. Mr. Mercer was in the nomination for the treasury but we withdrew him.


Title: To James Madison from John Francis Mercer, 8 February 1785
From: Mercer, John Francis
To: Madison, James

Dear Sir
Annapolis Feby. 8. 1785.
I have your favor of the 24. which pursuing me by a circuitous route, did not reach this untill within a few days. I place value on every mark of your friendship & to convince you that public business alone was not what induc’d me to revive impressions which were strongly imprinted on my breast. I now write you from a recess, where news of private happiness can be the only subject of a[t]te[n]tion. I feel that you will participate in my pleasure when I communicate to you the accomplishment of an object, which for a long time has engross’d my attention & engag’d my wishes. I was married on the 3d. instant, to a young Lady of this place—The eldest daughter of Mr. Sprigg. In a change of situation which has produc’d a revolution in many opinions my sentiments towards my friends remain unaltered. I wish & hope, to retain & improve ’em, & in whatever place I may ultimately settle, be assur’d it is much my desire to cultivate your esteem. It is more than probable I shall continue in Virginia, if I can make it tolerably agreable to my new connexion. I woud certainly prefer a Country of which I am a native, & which has been partial to the little merit I possess. You have my best wishes & be assur’d that I am most sincerely yr friend & hbl Set.
John F. Mercer


Title: To James Madison from Edmund Randolph, 12 February 1785
From: Randolph, Edmund
To: Madison, James

Dear sir
Richmond Feby. 12. 1785.
The inclosed letters were forwarded by the president to my care. Learning from him, that a package, in which they were covered, contained some fresh literary information, I took the liberty of opening it; especially as it was suggested, and the event shewed, that it contained two other letters, one for Mr. Page, the other for Mr. Madison himself.
The executive are at last persuaded of their power to make the Beccarian experiment on the condemned; altho’ the public should undergo some expense. They found their opinion on the law concerning the buildings for the use of the state. An overseer, trusty and diligent, will be therefore appointed, with instructions, fitted to the views of government.
Dr. Price has published a little pamphlet, full of fervor towards America. He congratulates himself on having seen the establishment of independence; and marks out some important measures to be pursued, and some ruinous errors to be avoided. Among the former he enumerates the discharge of public debts, especially to the army: to the commander however of which he recommends, that America should always remain indebted—in gratitude. He presses the necessity of extending the powers of congress, perhaps too far even for those among us, who entertain sentiments the most fœderal and of attending to education. Among the latter, he classes ecclesiastical establishments, luxury, the multiplication and unsolemn form of oaths and a mixture with foreign politics, especially for the sake of commerce. Upon the whole the composition displays friendship for mankind, a pen not confined to rigid rules or led by the dicta of others, and indeed shews Price at his political length. I borrowed it for a moment only, and cannot procure a copy for you. I am my dear friend Yrs mo: Sincerely
E. R.