Title: The Case of Robert Randall and Charles Whitney, 28 December 1795–13 January 1796 (Editorial Note)
From:
To:

Editorial Note
In September 1795 John Askin and six other British merchants in Detroit formed a partnership with three Americans, Robert Randall of Philadelphia and Ebenezer Allen and Charles Whitney of Vermont. Their intention was to extinguish the Indian title and obtain preemption rights to some twenty million acres of land in an area that included the Michigan peninsula as well as the northern regions of present-day Ohio, Indiana, and Illinois. The partners created forty-one shares, thirty-six of which were to be held by Allen, Randall, and Whitney, both for their own use and for the purpose of gaining the preemption rights from the United States “on the most reasonable and moderate terms” (“Partnership for the Purchase of Michigan Peninsula,” in Milo. M. Quaife, ed., The John Askin Papers [2 vols.; Detroit, 1928], 1:568–72).
Whitney began lobbying congressmen in Massachusetts and Vermont in November 1795, then went to Philadelphia to join Randall, who sought out members from southern states after Congress had assembled. Their activities came to the attention of the House of Representatives on 28 December when several members, including JM, reported they had been approached. The partners had offered to reserve twenty-four shares for legislators who would support their scheme in Congress and who might wish to join it later; and, it was claimed, they had won over thirty to forty members of the House. The Speaker of the House ordered Randall and Whitney to be taken into custody by the sergeant at arms, while, on 29 December, a committee of privileges directed that they be interrogated before the bar of the House. After several days of questions and procedural debate over whether attempts to influence the representatives constituted “an high contempt of this House, and a breach of its privileges,” the House, on 6 January 1796, voted 78 to 17 that Randall was guilty of contempt and breach of privilege. JM voted in the minority, not because he doubted that Randall and Whitney had corrupt motives, but because he felt, as he told Jefferson, that neither the Constitution nor even the precedents of the British House of Commons entitled the House to deduce and punish a breach of privilege in this case (JM to Jefferson, 10 Jan. 1796).
The Speaker reprimanded Randall and on 13 January ordered his release from custody. The House, on 7 January, voted 52 to 30 simply to discharge Whitney, mainly because his lobbying activities, having largely occurred before the meeting of Congress, seemed less clearly punishable as a breach of privilege. JM continued to insist that no case of privilege existed, but he was reluctant to affirm that Whitney was less culpable than Randall. He therefore abstained from voting on the motion to discharge Whitney (ASPAmerican State Papers: Documents,
          Legislative and Executive, of the Congress of the United States … (38 vols.;
        Washington, 1832–61)., Miscellaneous, 1:125–33).


Title: Case of Randall and Whitney, [30 December] 1795
From: Madison, James
To:

[30 December 1795]

   Randall had petitioned the House that he be allowed time to prepare his defense with the aid of counsel. Smith (South Carolina) moved that the petition be granted (Annals of CongressDebates and Proceedings in the Congress of
          the United States … (42 vols.; Washington, 1834–56)., 4th Cong., 1st sess., 179–80).

Mr. Madison was in favor of allowing counsel—he thought the motion would stand better if it went to allow him [Randall] to answer the interrogatories by the advice of counsel.


Title: Case of Randall and Whitney, [31 December] 1795
From: Madison, James
To:

[31 December 1795]

   The House debated a report from the Committee of Privileges, in substance as follows: that Randall be allowed to speak and present evidence in his own defense; that the judge of the District of Pennsylvania administer an oath or affirmation to witnesses; and that the sense of the House be taken on the guilt or innocence of the prisoners. Smith (South Carolina) objected to members having to take an oath as to their information (Annals of CongressDebates and Proceedings in the Congress of
          the United States … (42 vols.; Washington, 1834–56)., 4th Cong., 1st sess., 185–86).

Mr. Madison was of opinion that no citizen can be punished without the solemnity of an oath to the fact. Of consequence, it is needful to the information of members, if the punishment of a fellow citizen is implicated. Perhaps it may be urged, that members having taken an oath to support the constitution, this supercedes the necessity of an oath in the present case.

   Philadelphia Gazette, 1 Jan. 1796 (also reported in Gazette of the U.S., 2 Jan. 1796).

[31 December 1795]

   After further debate.

Mr. Madison said, that when Randall came to the bar, he would possibly save all this trouble, by confessing his guilt and casting himself on the mercy of the House. He mentioned an anecdote of a judge, who had been publicly insulted. He informed his brethren of the bench, and on his complaint, the offender was apprehended. When he was brought before the court, the oath was administered to the judge. Mr. Madison related this story to shew the propriety of every accusation being sworn to, whatever may be the rank or situation of the accuser.

   Philadelphia Gazette, 1 Jan. 1796 (reprinted in Gazette of the U.S., 2 Jan. 1796).


Title: Articles of Agreement with Theodorus Bailey, 5 January 1796 (Abstract)
From: Bailey, Theodorus,Madison, James
To:

5 January 1796. JM has sold to Theodorus Bailey and John B. Van Wyck his land known as lot number two of the Sedachqueda Patent in the Mohawk Valley of New York, amounting to approximately nine hundred acres, at $5.83⅓ per acre, for a total of $5,250. Bailey and Van Wyck have paid JM $4,000 and have given him a note for $1,250 payable on or before 1 Jan. 1797. The parties agree to have the land surveyed at their joint expense and to adjust the sale price according to the results of the survey. The parties post a performance bond of $1,000.


Title: Case of Randall and Whitney, [7 January] 1796
From: Madison, James
To:

[7 January 1796]

   Giles (Virginia) moved that Whitney’s case be dismissed as it involved no breach of privilege. Smith (South Carolina) and several other members objected to Giles’s motion, claiming that Whitney’s conversations with a member of the House in Vermont (Daniel Buck) were as much a breach of privilege as if they had occurred in Philadelphia (Annals of CongressDebates and Proceedings in the Congress of
          the United States … (42 vols.; Washington, 1834–56)., 4th Cong., 1st sess., 222–23).

Mr. Madison said it appeared to him that the House could have no privileges, unless what arises from the necessity of the case. He differed from the opinion formed by the House, but he wished them to act in conformity to their own principle. The object at present before the House is, to keep its members free from corruption. Whether a proposal is made in town or country, if we dismiss names and circumstances, and look only to the substance of the thing, there is no distinction between the two cases.


Title: From James Madison to Thomas Jefferson, 10 January 1796
From: Madison, James
To: Jefferson, Thomas

Dear Sir,
Philadelphia, January 10, 1796.
The House of Representatives have been latterly occupied with a pretty curious affair. Certain Traders and others, of Detroit, entered into a contract with certain individuals of the United States, for obtaining the peninsula formed by Lakes Huron and Michigan, and containing 20 or 30 millions of acres of valuable land. The traders, by means of their influence over the Indians, were to extinguish the Indian Title; and the other party, by means of their influence, and that of their connexions, with Congress, to extinguish the title of the United States. The Country was to be divided into shares, of which the greater part was to be disposed of by the party who had to deal with Congress. The reason of this, obvious enough in itself, has been sufficiently established by proof. Ever since the session commenced, two of the partners deputed to work the project through Congress have been employed with great industry, opening themselves in different degrees and forms, to different members, according to circumstances. Some of the members, who scented the criminality of the object, waited for a full disclosure. Others, through an eagerness of some sort or other, ran with the tale first to the President, and then into the House of Representatives, without concerting or considering a single step that ought to follow. In consequence of the information to the President, and a representation to the District Judge of the United States, a warrant issued, and the offenders were taken into custody by the Marshal. The House could not be prevailed on to take a single day to consider the subject, and a warrant issued from the Speaker, also, by virtue of which the Prisoners were transferred to the Sergeant-at-arms. For the proceedings which have ensued, I must refer you to the newspapers. They ended in the discharge of one of the men, and in the reprimand of the other at the bar, and remanding him to Gaol, where he now lies. In the arguments of the Counsel, and in the debates in the House, the want of jurisdiction in such a case over persons not members of the body was insisted on, but was overruled by a very great majority. There cannot be the least doubt, either of the turpitude of the charge, or the guilt of the accused; but it will be difficult, I believe, to deduce the privilege from the Constitution, or to limit it in practice, or even to find a precedent for it in the arbitrary claims of the British House of Commons. What an engine may such a privilege become, in the hands of a body once corrupted, for protecting its corruptions against public animadversion, under the pretext of maintaining its dignity and preserving the necessary confidence of the public! You will observe that a part of the charge consisted of the slanderous assertion that a majority of the Senate, and nearly a majority of the other House, had embarked in the job for turning a public measure to their private emolument. Apply the principle to other transactions, and the strictures which the press has made on them, and the extent of its mischief will be seen at once. There is much room to suspect that more important characters, both on the British and American sides of this affair, were behind the ostensible parties to it.
The Treaty has not yet been touched. I understand from Mr. Giles that the delay has been explained by him to you. A copy of the British ratification arrived lately, and it was hoped a communication of it would have followed. The Executive decided otherwise; and to appease the restlessness of the House of Representatives, Pickering laid the papers before the Speaker, to satisfy him, and enable him to explain the matter to others individually. This mode of proceeding does not augment the respect which a more direct and less reserved stile of conduct would inspire, especially as the papers were sufficiently authentic for any use the House of Representatives would be likely to make of them. It is now said that the original is arrived by a British Packet just announced from New York. Having been kept within doors by the badness of the day, I have not ascertained the truth of the account.

I have letters from Col. Monroe of the 23 and 24 of Octr. His picture of the affairs of France, particularly of the prospect exhibited in the approaching establishment of the Constitution, is very favorable. This, as far as we know, has had an easy birth, and wears a promising countenance. He had not learnt with certainty the ratification of the Treaty by the President, but wrote under the belief of it. His regrets, and his apprehensions, were as strong as might be expected. I have a letter from T. Paine, which breathes the same sentiments, and contains some keen observations on the administration of the Government here. It appears that the neglect to claim him as an American Citizen when confined by Robespierre, or even to interfere in any way whatever in his favor, has filled him with an indelible rancour against the President, to whom it appears he has written on the subject. His letter to me is in the stile of a dying one, and we hear that he is since dead, of the abscess in his side, brought on by his imprisonment. His letter desires that he may be remembered to you.
I inclose a copy of the proceedings relating to the presentation of the French flag. What think you of the President’s Jacobinical speech to Adèt?
Randolph’s vindication has just undergone the lash of the Author of the “Bone to gnaw.” It is handled with much satirical scurrility, not without strictures of sufficient ingenuity and plausibility to aid the plan of running him down. By Mr. Carr, who is now here, we will endeavor to contrive you a copy.


Title: To James Madison from John Dawson, 12 January 1796
From: Dawson, John
To: Madison, James

Dr Sir!
Rich: Jay 12. 96
I am favourd with your letter of the 30th. of the last month. I have nothing to give you in return.
There are at this place two British agents purchasing openly horses to take to the W. Indies. They get some & want many. Is this right? I hope to see you in the beginning of the next month. Make to Mrs. Madison & recieve yourself my best wishes! Yr.
J Dawson


Title: To James Madison from James Monroe, 12 January 1796
From: Monroe, James
To: Madison, James

Dear sir
Paris January 12h. 1796.
Yours of the 6h. of April is the last I have received from you, though since that period I have written you eight or ten at least. The theatre too on which you are, has been and probably will continue to be an interesting one, for it is presumeable the same subject which creates such solicitude among the People at large, will produce a like effect among their representatives. Certain it is, that the temper which was shewn upon that subject by the people with you, has produced a happy effect here, and moderated greatly the resentment which began to display itself, before their sentiments were known: for as soon as this government saw that the people were dissatisfied with the treaty, and that a strong motive for their dissatisfaction proceeded from the interest they took in the welfare of france, from that moment it was obvious its chagrine diminished, and that in sympathy with us again, it gradually lost sight at least to a certain degree, of its own concerns, so far as they were supposed to be affected by that treaty, and became instead of a party in, a spectator of ours. This is the external view of the effect which Mr. Jays treaty and its incidents produced upon the Councils and people of france, and more than the external view I cannot give you, for I deemed it upon every principle most suitable for me to stand aloof upon that subject never touching on it, except when mentioned informally to me, and then confining myself strictly within the limits observed by the other party, giving such explanations only as were sought, and inculcating always good temper and moderation on the part of this government towards us as the surest means whereby to unite for ever the two republics, whether therefore the subject has been acted on by the directoire or will be, or what will be the result in case it is I cannot tell you.
The progress of this government is so far wise, steady and ene[r]getic. Its outset was distinguished by an effort to introduce into every department of the administration the most rigid œconomy, and whereby many abuses were reformed, and the public expenditure greatly diminished. The finances were in the utmost confusion, the assignats having depreciated almost to that point beyond which they would not circulate, and there was no other resource. The directoire exposed freely this state of the nation demanding funds to carry on the war, and adding without which it could not be carried on, recommending too at the same time the project of a forced loan, whereby about twenty five millions sterling in specie would be raised, and which was adopted. By this project the assignats were to be redeemed or taken in, in discharge of the loan at one hundred for one, and which would consume of it, about twelve millions sterling, rather less than one half of the loan, specie and produce only are admitted for the residue. This loan however forms a fund upon which the assignats may be circulated again, and upon which they will most probably, for a while and until some more complete system is adopted, be circulated again. By this paper I am told a great portion of the ancient debt is discharged, so that by it the war has not only been carried on to the present stage (deducting the amount of the national domains that are sold and paid for) for nothing, but the nation exonerated from a considerable portion of that debt, which depressed it before the war. This loan is now collecting and without exciting any great murmur among those upon whom it falls. The forms of business too in both houses are correct and discreet, according to our ideas on the subject, and their attention seems so far to have been bestowed on the most urgent topics, and in general the result such as might have been wished. In short in every respect the character of the public councils has greatly altered for the better; the effect whereof is plainly to be discerned in the public opinion as well as public measures: for you observe among all classes an increasing opinion of personal safety, at the same time that the government displays a degree of energy that was never surpassed before. The royalists begin to despair for they know that the hopes of royalty are gone as soon as the genuine character of republican government is unfolded. Their hopes were founded in the continuance of anarchy and confusion, to promote which of course all their efforts were united. Intemperate zeal too is restrained, but the restraint is always easy, indeed it is a self-one, or rather it does not exist, when the administration possesses the confidence of the People and wields the government according to their wishes. I give you the aspect up to the present time, and to which I add with pleasure that the probability is it will continue.
You will doubtless hear before this reaches you that there is a truce between france and Austria, and which was asked by the Austrian generals. When a truce is asked and granted it argues that neither party has essentially the advantage over the other, or it would neither be asked or granted, and such was I believe the fact in the present instance. The proposition from Austria was for a truce for three months, but admitted by the Directoire for one only. What the motives of Austria are, is unknown: that peace is among them, perhaps the principal one is presumeable. By some it is suspected that the Message of the English King to his Commons, was the immediate stimulus, since as the same Persons suspect, that measure was taken in haste, in accommodation with existing circumstances on the spot, and of course without the knowlege of Austria, whereby and especially as the former objects of the war were abandoned, a disposition for peace avowed, the jealousy of that power was excited. Perhaps however it may be a mere financing project on the part of Austria, in the hope that by appearing to seek peace a loan for the next campaign may be more easily obtained from England. But my opinion is, there is a negociation for peace depending, and which may probably have that issue with Austria, if not with other powers and the southern more especially. The moment Austria makes up her mind to yield Belgia, the war with her is over, and the ruin of her army in italy with other events, may have inclined her to that measure, whilst the light advantages she has gained on the Rhine may have suggested the idea that now is the time to treat with some apparent credit. But with England there will probably still be difficulties, for I think france will never hear a proposal from her upon the subject of peace, that is not preceded by a declaration that she will restore every thing taken since the commencement of the war from herself and Holland, and which it is possible her present superiority at sea may prevent: certainly it would prevent it, if the discontents of the People there, and which daily increase on account of the scarcity of bread, and the dearness of it, which latter proceeds not more from that cause, than the superabundant circulation of paper, which raises the price of every thing, and threatens more fatally to impair the manufactures and commerce of that Country, than even long and destructive wars by all their other evils.
You will also have heard of the demand of Count Carletti Minister &c. from Toscany to visit the “unfortunate daughter” of Louis 16h. who was on her departure for Basle, to be exchanged for Bournonville and several of the deputies who were surrendered to the Austrians by Dumourier, and of the Manner in which that interference was resented by the directoire; suspending all intercourse with him, and ordering him forthwith without the bounds of the republic. The Count explained and expostulated but without effect. The diplomatic Corps convened, and by some of whom it was urged, that the Count could not be Suspended, and ordered without the republic by any but his own Sovereign, except in case of conspiracy: that the order to that effect was of course a violation of the rights of nations. And by others it was urged that every government had a right to rid itself of a minister who gave offence, and by its own means: that to demand his recall, was upon trivial occasions the ordinary usage, but that it was not prescribed by the law of nations, but by that of civility and good manners only. Was this however a light occasion, a demand by the representative of a foreign power to visit the “unfortunate &c” thereby stigmatizing the revolution and reproaching france for that effort which she deems a glorious one? If demands of this kind are allowed from the representatives of other powers, what kind of demands will be inhibited? And if it be meant to check such, is it not best to do it upon such occasion, and in such manner as the present, whereby the sense of the french government being decisively pronounced, will be well understood at home and abroad? The meeting broke up without a decision; notwithstanding which it was published in all the gazettes, that the whole diplomatic corps had united in a remonstrance to the directoire against its procedure in this case without effect. Upon which another meeting was called and held for the purpose of expressing to the government, the sense which the members of that corps felt of the injury, which was done them by that misrepresentation, and to request of the Minister of foreign affairs since he knew that no such step was taken, that he would contradict the report. Upon this proposal too no decision was obtained: by it however the spirit of some of the Members of that Corps was checked, and the body itself perhaps freed from like attempts, to involve it in the interior and revolutionary politics of france, and against the spirit of the revolution, for the future. But the Count replied to this government, he would not withdraw until he had the order of his own, upon which it was notified to him if he did not commence his route within twenty four hours, he should be sent out by force, and to which a like reply was given. The twenty four hours expired at which moment a Commissary with a Carriage attended to take his orders for Basle, and by means whereof he was conducted to Basle, and with all convenient speed. The Communication of this event, and its incidents was made by the french minister to the Grand Duke &c. by whom it was well received: for instead of taking it in high dudgeon as was expected by many, he dispatched immediately, and upon the first intimation of it, a minister plenipotentiary (the prince of ) for the express purpose of disavowing the demand of Carletti, and declaring his respect for the french government, and so rapid were the movements of this Envoy, that he is already on the ground, and has already made his disavowal to the Minister of foreign affairs. By this measure therefore the french government has lost nothing without, and certainly within, and especially by the manner in which it has terminated, it will acquire great respect.
I am inclined to believe that England does not mean to execute the treaty & intends to justify her evasion by any obstacles the H. of R. may throw in its way. If then any thing is done it is to be hoped the administration will immediately change to give an opportunity to try the effect of other councils it is late to do it but I think not too late.
Of the above except the last paragh. I have sent copies somewhat modified to Colos. Burr & Langdon. You will excuse me to Tazewell, Mason, Beckley, Butler & Brown & other friends, to whom you will make my best respects.


Title: Indian Trading Houses, [13 January] 1796
From: Madison, James
To:

[13 January 1796]

   The clerk read for the third time the bill establishing trading houses with the Indians. Salaries and penalties were fixed for the agents and the clerks, and $150,000 was proposed as the sum to be expended on goods (Annals of CongressDebates and Proceedings in the Congress of
          the United States … (42 vols.; Washington, 1834–56)., 4th Cong., 1st sess., 240).

Mr. Madison after remarking that he had very little confidence in plans in which the government takes the place of individuals, said, in order to mature this plan and render it susceptible of the highest probable success, he thought a short postponement might answer a valuable purpose. Adverting to the time necessary to procure the goods proper for this trade, he supposed that individuals would be the importers and that a few days delay would not essentially affect the main object.


Title: To James Madison from Hubbard Taylor, 16 January 1796
From: Taylor, Hubbard
To: Madison, James

Dear Sir
Clarke County 16th. Jay 95 [1796]
I Recd. yours soon after my arrival in Kentucky, informing me that you had acceeded to my proposition in settleing with Majr Moore.
Your Land on Sandy was surveyed by direction of Majr Lee previous to my return, it Joins as I am told a tract of John Greens. If so, it may be of more value than was apprehended, as there is a valuable Salt lick on the Land claimed by Green. It is also said that there is a valuable mind [sic] in the neighbourhood, of lead at least—some say silver. I only mention this that in case of any application to purchase you may be on your gard. Majr Lee is acquainted with this circumstan[c]e, and altho. he, no more than myself mean to excite your attention too much yet I thought it right to mention it.
That such a mind is found I have no doubt.
I have seen Mr. Bullock but not long enough with him to get much satisfaction, one tract of Mrs. Paynes Lands will be got in a part of the Country that is very valuable, lying near the upper blue hills. It is a doubt with Mr. Bullock wheather the entry on (Green River) (Petmans Creek) belongs to Mrs. Payne or not. As I shall have occation to write you again shortly shall only add that I am with Compts. to Mrs. Madison Dr Sir with much esteem Yr: Affe: Hbl: Set
H. Taylor


Title: To James Madison from Joseph Jones, 18 January 1796
From: Jones, Joseph
To: Madison, James

Dr. Sr.
Fredg. 18th. Janry. 1796.
I have been absent a fortnight on a visit to Albemarle—while there I went over all the papers and could find nothing among them answering the expectation of Mr. Knox and yet I think Monroe had some communications from the old Gent. himself or one of his Daughters to the purport of what Mr. Knox supposes he possessed. There were many papers and some statemts of Monroes respecting this business but I can find none of them. I have letters from Monroe and Joe of the 24th. October, all then well. Monroe informs me he had requested pickering to pay to you for me 400 dols. on pickerings own acct. and I think if I do not mistake his meaning the further sum of 300 dols. on acct. of Paine. If you have recd. any letter from him to the effect I have mentioned or can by application to Pickering get the seven hundred dols. on his accot. I shall thank you to pay to Philips, Cramond & Co. the amount on accot. of Mr. Southcomb of this place taking their rect. on his accot. as Southcomb holds bonds now due of Col. Monroe’s on accot. of his purchase for the Carters to the following amount £166.15.0. with int from 20th. Sepr. 1795. £60.2.0 with int from the 1st. Apr: 1794. If those sums can be placed to Southcombs credit with Philips and Co. I shall by paying the small balance here take up his bonds. I have enquired respecting clover Seed and cannot get any here, I find Collins advertizes clover seed in Richmond but know n⟨ot⟩ at what price. I understood he some time ago demanded sixteen dollars. I shall write to be informed whether he has any left and at what price. At the request of Monroe I some time ago wrote to Fowler to obtain the patent for the Rock castle land and contrive it to you. I gave the letter to Mr. H. Taylor and expect it was delivered. In his last letter Monroe again mentions this matter and desires me to send it to him when obtained. Let me know if you have heard any thing of it or wher. there is a ready communication to Kentucky and where Mr. Fowler lives or how to direct to him. Mr. Or⟨r⟩ I expect can inform you. I trouble you with a letter for Monroe and shall thank you to attend to the transmission of it to France. I shall soon give you a similar trouble to multiply chances ⟨as⟩ I hear of no opportunity from Virginia. The French flag seems to have inspired the P. with all the zeal and warmth for repub⟨lican⟩ liberty that the French themselves possess. The strain of his answer cannot be very pleasing to his treaty friends at N. Y. I am in hopes he is veering about. Wishing you all well I am Yr. friend & Servt.
Jos: Jones


Title: To James Madison from Robert Murray and Company, 20 January 1796
From: Robert Murray and Company
To: Madison, James

Sir
New York January 20th. 1796
Yours of 13th. Inst reached us in course & this day Edwd Livingstons Dft on Mr. Livingston was paid 107 31/100 Dollars to your Credit, being the amt of sundry expences attending the importation of the Two Cases furniture from Havre de Grace. We remain respectfully Your Obedt. Servts.
Robert Murray & Co


Title: Appropriations for 1796, [20 January] 1796
From: Madison, James
To:

[20 January 1796]

   The House continued the debate of 19 January on striking out the appropriation for the Mint. Livingston (New York) had moved that pensions for officers of the Mint be excepted from the resolution (Annals of CongressDebates and Proceedings in the Congress of
          the United States … (42 vols.; Washington, 1834–56)., 4th Cong., 1st sess., 262–63).

Mr. Madison wished that the articles could be separated from the civil list, when they are of a nature to admit of dispute. The military expences had been separated from it, because an emergency might render it necessary to vote instantly for the civil list, and the military expences, by being connected with the other, might be voted without due deliberation. He wished that the articles could be divided, and the vote taken on them separately. He was not against voting for pensions to the officers of the mint. He saw no harm in doing so, in the mean time.


Title: To James Madison from Francis Taylor, 23 January 1796
From: Taylor, Francis
To: Madison, James

Letter not found. 23 January 1796. Mentioned in JM to James Madison, Sr., 21 Feb. 1796, and in Francis Taylor Diary (Vi). Concerns Taylor’s claim for Revolutionary service and encloses a memorial to Congress.


Title: To James Madison from Arthur Campbell, 24 January 1796
From: Campbell, Arthur
To: Madison, James

Sir
Washington Janr. 24. 1796
Allow me to give you the trouble to deliver the inclosed to the President of the U. States and I confide in you to give him such an explanation as may be necessary.
The purport of the communication is that I have offered my services with a Corps of Voluntiers to aid in taking possession of the Western Posts next Summer. I know Regulars are usually prefer’d for such service, but why not encourage Militia. And you may be assured that it will impress awe to see a select Corps of Rifle-Men from the Country usually call’d by the Indians The Big-Knife. To view our power, may contribute to the duration of the Peace, at least with the Savages.
I am one of those Citizens, who have but little confidence in the British government to do us justice, altho stipulated by solemn Treaty. But you know it is the duty of a good Christian or a good Citizen to bring as much good as possible out of evil. The Treaty may be the best that could be obtained, and I have reason to conclude so, or our staunch Patriot would never have given it a sanction. On the other hand I believe it will give its operation a favourable turn, for us, if the clamour and reasoning against it continues. Fear will always gain more from an insidious Enemy, than a tone of unconditional submission.
I had thoughts of making the application thro’ the Representative of this District. He is a young Man who have not seen the labours of the Revolution, and felt none of the solicitudes for his Countrys political existance from 1776 to 1782. It is the Patriots of those days, I call my Brothers, my fellow Citizens, my Friends. Health & Fraternity
Arthur Campbell
P. S. If my Overture is favourably noticed, on receiving an intimation I will repair to Philadelphia. Governor Shelby, who is my particular Friend, will aid me in the undertaking. For my sentiments and that of several other old Whigs on late politics, see Atticus in the Winchester paper of Novr. 9. & 16th.


Title: To James Madison from Thomas Jefferson, 24 January 1796
From: Jefferson, Thomas
To: Madison, James

Letter not found. 24 January 1796. Acknowledged in JM to Jefferson, 7 Feb. 1796; mentioned in Jefferson’s Epistolary Record (DLC: Jefferson Papers) and in JM to Jefferson, 10 Apr. 1824 (DLC). Acknowledges JM’s letters of 27 Dec. 1795 and 10 Jan. 1796. Asks JM to make some inquiries in Philadelphia, to inform Jefferson weekly of governmental proceedings, and to send certain pamphlets. Requests copies of the correspondence of Jefferson and Jay. Encloses copies of Jefferson to George Wythe, 16 Jan. 1796 (DLC; printed in Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of
          Thomas Jefferson (10 vols.; New York, 1892–99)., 7: 52–55), and “A statement of the Volumes of the Laws of Virginia, Manuscript & Printed in my possession,” 13 Jan. 1796 (DLC).


Title: From James Madison to James Monroe, 26 January 1796
From: Madison, James
To: Monroe, James

Dear Sir
Philada. Jany. 26. 1796.
Since my last I have had the pleasure of your two favors of Ocr. 23 & 24. The business of the Treaty with G. B. remains as it stood. A copy of the British ratification has arrived; but the Executive wait, it seems, for the original as alone proper for communication. In the mean time, altho’ it is probable that the house if brought to say yea or nay directly on the merits of the treaty will vote against it yet a majority can not be trusted on a question for applying to the president for the treaty. In the mean time also information has arrived of the conclusion of a treaty with Spain with which the other will of course be combined. No hint of the terms is yet given to the public nor are they probably otherwise known to the executive than by the instructions. That provision is made for Missisipi is to be presumed. Its aspect on the Missisipi article in the British treaty will be particularly interesting. Among other attitudes given by this event to our situation it is highly probable that the Spanish treaty will comprise stipulations at once popular and similar in principle to some attacked in the British treaty.
General Smith of Baltimore has offered to the House a resolution that after the  day of  no vessel shall land in the U. S. any articles not produced by the Country to which the vessel belongs. It will embarrass the eastern members but they will venture to oppose it as tending to perplex the treaty question; and probably with success if joined by the south members as hitherto from other motives.
You will be pleased & perhaps surprised at the scene produced by the French flag. The harangue of the president must grate the British party but they are cunning enough to be silent. It seems that Adet notwithstanding the complimentary & cordial language of the president and Representatives, is much disgusted at the deposit of the flag elsewhere than in the hall of Congress. You can perhaps better appreciate the case than we can. Such a result, where other circumstances were so propitious is unfortunate. I send a copy of the proceeding. I also send a copy of the proceedings in the case of Randal & Whitney, which need no comment, beyond your own reflections.
I send also E. R’s Vindication, with a malignant attack on it, by a satirical but scurrilous writer. The latter has published several other pamphlets exhibiting him in the same character. Bond is among the putative authors. But the real author is probably some hireling to whom materials may be supplied. Randolph is resettled at Richmond & resumes the practice of the law with flattering prospects as is said. The effect of his pamphlet is not yet fully known. His greatest enemies will not easily persuade themselves that he was under a corrupt influence of France and his best friend can’t save him from the self condemnation of his political career as explained by himself. The “Political Observations” is a fugitive thing of my own written at the heel of the last session in pure compliance with the urgency of certain friends. It is full of press blunders as you will perceive.
We have accounts here that Mr. Paine is dead. I spoke to Mr. Bache on the subject of the advance by you, to be repaid for Mr. Paine, thro’ my hands. He said only that he would call on me & shew me the papers, which he has not done. I inferred from his manner, that there was a deficit of funds in his hands to be explained by him. I heard nothing from Mr. Pickering on the other pecuniary subject. Just as I am making up this packet, I have the pleasure of a letter for you from Mr. Jones, which will no doubt give you all the requisite information for which you rely on him. Mrs. M. seconds all the acknowledgments due to you & Mrs. Monroe, as well as the affectionate esteem with which I ever remain Yours
Js. Madison Jr.
P. S. Chs. Lee has entered on the duties of Atty. Genl. No Secr⟨etary⟩ at War yet nominated—nor any Judge in the place of J. Rutlege, or ⟨of⟩ Mr. Blair who has resigned. Mr. Rutledge also sent his resignation; but the Senate had previously rejected him.


Title: To James Madison from John Browne Cutting, 26 January 1796
From: Cutting, John Browne
To: Madison, James

Dear Sir,
98 South Second St 26th Jany. —96
I ought perhaps to apologize to You for the liberty I take and have taken. But in a matter so highly interesting to my personal character—I have venturd to obtrude myself—I fear abruptly, upon your valuable hours—desirous to be indulged in consulting you upon this occasion both as a man of honor and a republican statesman.

For however confident I am of the merits of my claim I shall disdain to enforce it—if any intelligent and ingenuous mind—acquainted with the proofs that support it—can entertain a doubt of its reality. Your answer to two questions—will materially influence my future proceedings relevant to it.
1. Is the claim considered by You, agreably to its peculiar circumstances so establish’d as to entitle me to a relaxation of the ordinary rules of evidence for the purpose of doing substantial justice between the public and the claimant?
2dly. Is the claim considered by You as a matter of State so establishd as to become obligatory upon the honor & faith of the Government?
Having thus determin’d respectfully to solicit your candid opinion as the best guide for my future conduct in this matter—I remain with sentiments of attachment and the most perfect respect Your Obedt and Very Humble Sert.
John Browne Cutting


Title: To James Madison from George Taylor, Jr., 30 January 1796
From: Taylor, George
To: Madison, James

Sir,
Philadelphia January 30th. 1796.
It is with pain I find myself constrained to trouble you on the present occasion. Nor should I now do it, but from a reluctance to petition the House. This I have already done twice unsuccessfully, and I should suppose the chance of succeeding, at this moment, in that mode, still less favorable than hitherto. But, sir, I conceive there never has been a time furnishing more real cause for uneasiness on account of salary. For verification of this fact, let every Gentleman who has a family, appeal to his own daily and necessary expenses. He will doubtless find them enormous, and may perhaps, upon reflection, wonder how any one can subsist on the small and inadequate salaries allowed to Clerks. But, sir, should the compensation be confined to a bare support? I can hardly imagine any one will say that it ought. The fact is, however, that few, if any, can afford themselves even the common comforts of life. Thus far generally.
More particularly as to myself, Sir, I must beg leave to observe that in my humble opinion the duties, the confidence reposed—the very nature of the Office of State stamp it of more importance than any other. If this be fact, why place the Chief Clerk employed, and in custody of every thing belonging to it, upon no better footing, as to salary, than those in the other offices of Government, in every other respect regarded as inferior? I should suppose that the circumstance alone of its being the most confidential office, ought to have some weight in determining the compensation. It is granted that few who are unacquainted with the duties of the several Departments will readily be satisfied that there is any real distinction; but they might easily be convinced, if they would undertake to make the inquiry.
The law passed at the last session, granting the Chief Clerks a temporary relief, ended with the Year 1795—and they are again reduced to the permanent allowance of 800 Dollars, unless Congress will take the matter up anew. If they should not, it appears morally impossible for any Man to continue under the present exorbitant rates of living. With sentiments of the most perfect respect and esteem, I am, sir, Your most obt. servant
Geo: Taylor Jr:
PS. I take the liberty of inclosing copy of a certificate left me by my worthy friend Mr. Jefferson.


Title: From James Madison to Thomas Jefferson, 31 January 1796
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Philada. Jany. 31. 1796
I inclose a letter from Jno. Bringhurst explaining a claim on you for about £17. Pa. Currency, and requesting me to advance it. Taking him to be an honest man in distress, I shall probably venture a compliance with his solicitation, if it should be found that he cannot wait for your orders. In the mean time you can inform me whether the acct. be accurately stated: but if so, you need not forward the money, as it will be equally convenient to me to receive it in Virginia.
The Original of the British Ratification of the Treaty is still to arrive, & we are not likely to be furnished with a copy. Some members are anxious to apply to the President for the communication, & some would take up the subject on its mere notoriety. It is pretty evident however, that either attempt would be defeated by the advantage which the rub agst. the P. in one case, & the informality in the other, would give to the friends of the Treaty, in the discussion, & the pretext they would afford to the insincere or cautious opponents. The Treaty with Spain also is not yet ⟨arri⟩ved, tho’ there is reason for hourly expecting it. The same as to the ⟨treaty⟩ with Algiers. You will see in the gazette inclosed a sketch of the debate on the proposition to employ Robinson of Petersburg as Stenographer to the House of Reps. The more the subject is opened, the more the objections are found to be insuperable. There is little doubt that the project will be rejected.
A committee of ways & means are employed in investigating our revenues & our wants. It is found that there are between six & seven millions of anticipations due to the Banks, that our ordinary income is barely at par with our ordinary expenditures, & that new taxes must be ready to meet near 1½ millions which will accrue in 1801. The proposition of the Treasury is to fund the anticipations & the foreign debt due in instalments, with an absolute irredeemability for such a period say 20 or 30 years, as will sell the new Stock at par. This is treading as fast on the heels of G. B. as circumstances will permit. It is probable the House will not consent to such an abandonment of the sound principles it has been latterly favoring; but loans at least in some form or other will be indispensable, in order to face the demands on the public until new taxes can be brought into action. With respect to ⟨this, t⟩he Come. are now in deliberation & embarrassments. The excise system is unproductive, & new excises that will be po⟨pul⟩ar even in the Eastern States do not occur. On the other hand direct taxes, have been so blackened in order to recom⟨mend⟩ the fiscal policy of indirect ones, & to inspire hatred, & jealousies in the Eastern ⟨against the southern states, and particularly⟩ Virginia, that it is doubtful whether the measure, now that it is become necessa⟨ry, will be born⟩e. Gallatin ⟨is⟩ a real Treasure in this department of Legislation. He is sound in his principles, accurate in his calculations & indefatigable in his researches. Who could have supposed that Hamilton could have gone off in the triumph he assumed, with such a condition of the finances behind him?
You will see that Govr. Adams has lanced a pretty bold attack agst. the Treaty. The Legislature have not yet answered his speech. Their unhandsome treatment of the Virga. Amendments portends a countertone. Nothing could more than this treatment demonstrate the success with which party calumny has sown animosity & malignity in the State of Massts. agst. a State which feels no return of illwill, & towards which there were formerly in that quarter the strongest habits of cordiality & cooperation. Yrs. always & affey.
Js. M. Jr
The navigation project of Genl. Smith waits for a favorable moment of discussion. The Treaty party will make war on it, as secretly levelled at that transaction, & thus endeavor to escape the consequences of sacrificing the obvious interests of the Eastern States.


Title: To James Madison from Joseph Jones, 4 February 1796
From: Jones, Joseph
To: Madison, James

Dr. Sr.
Fredg. 4th. Febry. 1796.
I am just returned from Loudoun a journey the most disagreeable from weather and roads I ever encountered. Before my departure I wrote you a letter inclosing one for Monroe wherein I informed you of my fruitless search in Albemarle to discover any thing to answer the expectation and inquiry of Mr. Knox. I also mentioned my having recd. a letter from Monroe informing me he expected pickering wod. pay you for me some money and also a sum on acct. of Paine—by a letter since recd. from him of the 4th. Novr. last he mentions the same thing stating pickerings to be 450 or thereabouts dols. and that Mr. Beache was to pay on acct. Paine 250 more—you will be pleased to inquire and inform me respecting these matters. I moreover told you no clover seed could be got here and am not yet informed whr. any can be got in Richmond. If to be had the price will be very high owing to the failure of the seed crops last year. Monroe in his last letter says not a word of the misfortunes of the French on the other side [of] the Rhine which have been detailed in the papers and are I am in hopes less disast⟨rous⟩ than represented by German and British accots. He speaks only of the new government being at work. He also mentions what I see in some of the papers that a Treaty was in [O]ctr. being concluded with Spain wch. wod. open to us the Mississippi. Can you get any information of the patent Fowler was to forward of the Rock Castle Land. We are looking towards your house for something about the Treaty but fear you are not strong enough to make head agt. it. If the disagreeable pill must be swallowed we must digest and work it off as well as we can and with as little injury to the system as may be but hope something may be done to prevent the administering such unwholesome doses in future. Randolph pamphlets except a few scattering ones have not yet reached us. I have had an opportunity of a cursory perusal of one and think it cannot fail to make an impression. I shod. like to see peter porcupine if not too large for a letter. I shall not leave home again this month and hope to hear from you as usual. Yr. friend & Servt.
Jos: Jones


Title: To James Madison from Richard Peters, 4 February 1796
From: Peters, Richard
To: Madison, James

Dear Sir
Feby 4 1796
I enclose you the Memorial I troubled you about which I should sooner have sent but that I thought it best to accompany it with a Translation. It is addressed under a mistaken Idea of the old Arrangement of Congress. But this will not affect the Substance. This young Man never had a Commission tho’ he did the Duty he mentions. He came to this Country & left it with the Marquis. The Facts he states can be ascertained by those he refers to. If you think it necessary Mr Ternant will call on you.
Monsr Poiret is a Citizen of the present Republic of France. He lives at Paris & maintains a Wife & 2 or 3 Children by the Labour of his Hands. I believe he is a Writer in some Office but whether public or private I know not. At any Rate he is poor & deserving a better Situation. What can be done for him you can best judge. I am with true Esteem your obed Servt.
R Peters


Title: To James Madison from John Browne Cutting, [ca. 5 February] 1796
From: Cutting, John Browne
To: Madison, James

Dear Sir,
Friday Evening [ca. 5 February 1796]
I have been confined by an inflammation in my throat—or I shou’d have called on you at an early hour this day.
Perhaps your leisure moments on the morrow (if the committee-business does not monopolize you)—will permit you to give a simple negative or affirmative to my written questions—on paper?
I only ask this: in case my indisposition continues—so that I shoud not be well enough to visit You; and merely for the satisfaction of my own mind—which has perhaps been agitated by too much anxiety in the matter. Very respectfully Your affectionate And Mo. Obedt Sert.
John Browne Cutting


Title: Postal Road Survey, [5 February] 1796
From: Madison, James
To:

[5 February 1796]
Mr. Madison after some general remarks on the subject, offered a resolution, the purport of which is to authorise the President of the United States to cause a survey of the main post road from Maine to Georgia; the expence to be defrayed out of the surplus revenue of the post office.


Title: To James Madison from John Browne Cutting, 6 February 1796
From: Cutting, John Browne
To: Madison, James

Dear Sir,
Saturday 6th Feby. 1796
Accept my best acknowledgments both for your goodness in the investigation of my case; and the candid & obliging opinion you communicate concerning it.
In proportion to the solicitude resulting from the delicacy of the nature of my claim—the hard struggle I have made for evidence to substantiate it—and the nicety of Feelings that have been deeply wounded—in the affair—is the satisfaction I feel in your kindness—and attestation. Very respectfully and affectionately Your Most Obedt. Sert.
John Browne Cutting


Title: From James Madison to Thomas Jefferson, 7 February 1796
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Philada. Feby. 7. 1796
Several mails preceding that of yesterday brought nothing more Southern than Baltimore. This will account for my not receiving your favor of the 24th. Ult, till yesterday. I will make the enquiries & execute the commissions in it with pleasure, & without delay. I am afraid to make the same promise as to the weekly history of what passes in the Govt. behind the curtain; especially as the Cypher might be required for some parts of it. What I can I will do on the subject. I have already made a partial collection of the Tracts you wish. I know not what is meant by the correspondence of Jay & Jefferson; probably it is the correspondence not between them, but between each & others.
I thank you for the Copy of your statement & letter to Mr. Wythe. I value it not only as a gratification to myself; but as another security for the preservation of the document.
Dorhman maintains a silence, that justifies strong suspicions of aversion or inability to pay his debts. I feel no longer any other restraints from resorting to his deed of trust, but that which Mazzei’s interest dictates. As yet the land would sell for considerably less than the sum due. The general rise of price which is going on will probably soon remove this difficulty, especially if the Treaty with Spain, shd. have done what is hoped, as to the navigation of the Mississippi.
You will see that the aspect of English affairs grows more & more lowering. The alarm of the Sedition Bills, the bounty on foreign Wheat & flour, the detention of the armament fitted up, for the forlorn experiment in the West Indies, are more portentous than any thing previous to these signs of a ripening crisis. The accounts from France are not of very late date, but continue to be auspicious. The Treaties with Algiers & Spain, loiter as that with England did. It is to be hoped this is the only instance in which the parallel holds.
An idea begins to shew itself that an unrestrained exportation of the Bread-articles, threatens a scarcity in our own Country. The large towns will of course be the first seat of such an apprehensions [sic]. It is certain that the Crops of Grain in North Carolina failed to such a degree as to start the price of Corn at a dollr. a bushel where it used to sell at ⅓ of a dollar. In Virginia, if the present price be the measure of the quantity, there will be little corn to spare, & probably not a great deal more of wheat. In this State it is turning out more & more in evidence that the crop of Wheat has been very scanty. The Eastern States always require large importations from the others. In N. J. & N. Y. alone, the crops of Wheat appear to have been good; & that is probably exaggeration on the favorable side. Flour at present in this place is rising under the information of the English bounty. All in the Market is said to be bought up, probably by English Agents. It sold a day or two ago, or rather there was offered for it, 14 dollrs. a barrel, & the best informed, speak with confidence of successive rises. In this attitude of things What a noble stroke would be an embargo? It would probably do as much good as harm at home; & would force peace, on the rest of the World, & perhaps liberty along with it. But you know the spell within the Govt., as well as the obstacles to such a measure in the clamors that would be raised among the Merchts. the Millers, & farmers, to say nothing of the Tories &c. who would make more noise than any of them.
I intreat you not to procrastinate, much less abandon your historical task. You owe it to yourself, to truth, to the World. Adieu always yours most affey

There is some reason to think that Jno. Rutledge is not right in his mind. Cushing has been put at the head of the Bench, but it is said will decline the pre-eminence. Chase in the place of Blair!!!!—a vacancy remains to be filled. McHenry Secretary at War. Through what official interstice can a ray of republican truths now penetrate to the P.

You will see by the inclosed letter ⟨from j.⟩ B. that I have ad⟨vanced⟩ him 25 drs. I have already told you that repayment in Virga will ⟨serve⟩ for me as well as ⟨here.⟩


Title: From James Madison to Edmund Pendleton, 7 February 1796
From: Madison, James
To: Pendleton, Edmund

My dear Sir
Philada. Feby. 7. 1796
Your favor of Jany. 6., owing to failures of the Mail South of Baltimore, did not come to hand within the usual time; and subsequent delays in the communication consultation & decision of Mr. Giles & myself, on the manner of publishing & applying your observations on the carriage tax, have brought down the return of my thanks for your favor to the present date. I read with real pleasure the paper you put into the hands of Mr. Giles; which is unquestionably a most simple & lucid view of the subject, and well deserving the attention of the Court which is to determine on it. The paper will be printed in the newspapers in time for the Judges to have the benefit of it. I did not find that it needed any of those corrections which you so liberally committed to my hand. It has been thought unnecessary to prefix your name; but Mr. Giles will let an intimation appear along with the remarks, that they proceed from a quarter that claims attention to them. It is said that both the Judges & the Attorney Genl. have expressed a wish that the question should be argued on both sides at the Bar; but as the ordinary motive does not operate on the side of the Defendant, it is not certain that any professional appearance for him will take place. It is perhaps better that the cause should rest on the printed arguments & on the discernment of the Bench, than that it should be espoused by junior & unskilful volunteers. There never was a question on which my mind was more satisfied; and yet I have very little expectation that it will be viewed by the Court in the same light it is by me.

   The alterations in the carriage tax recommended by the President had no reference to the constitutional question.

The British Treaty in its final form as ratified by both parties has not yet been laid before the House of Reps. The delay is accounted for by the copy only & not the original of the British Ratification havg. been recd. I am sorry that so much weight is allowed to forms. My advice to the P. wd. have been, to have opened the actual State of the Business in his Speech, & to have communicated all the documents relating to it, to the Legislature. A different opinion has prevailed; & nothing is more uncertain than the moment when the Treaty will be laid on the Table for our consideration. In the meantime there is no apparent disposition in a majority either to apply for it, or to take it up informally, on its general notoriety; and the name of the P. is every where used with the most wonderful success, by the Treaty partisans, in subduing the popular objections to that instrument. No where has this policy been exerted with so much effect, as in N. England, as is shewn by the proceedings of the Legislatures of N. Hamshire & Massachussetts. The manner in which the latter has treated the proposed amendments of Virginia is as unworthy on the part of Mass: as it is unmerited on that of her sister. It speaks an influence which can not be friendly to either.
The Treaty with Spain is not yet arrived, nor is that with Algiers. The contents of both are unknown. There can be little doubt that the former contains some beneficial arrangements on the subject of the Mississippi. The countenance of English affairs grows more & more lowering. Among other signs truly alarming to that country, the Parliamt. are allowing a bounty amounting to 2/6 Sterl: a bushel on the importation of foreign Wheat. The accounts from France subsequent to the establishmt. of her Constitution are favorable to internal order & tranquility; & of course to her prospects on every side.
Since the knowledge of the English Bounty, Flour has taken a fresh start. It is now at abt. 14 dollrs. & a further rise is expected. For other domestic intelligence, I must refer to the Newspapers which I presume you occasionally see, & one of which is inclosed. I beg you to offer my best respects to Col. Taylor, & to accept the same yourself. With the truest esteem & attachment I am Dr. Sr. Yr. Obedt friend & set
Js. Madison Jr


Title: Compensation for Members of Congress, [8 February] 1796
From: Madison, James
To:

[8 February 1796]

   On 16 December 1795 the House appointed a committee to report bills for compensating members of Congress. The chairman, Goodhue (Massachusetts), reported legislation on 28 January 1796 which proposed that members of both Houses receive a salary of $1,000 annually instead of $6 per day. In the debate in the Committee of the Whole on 8 February, Giles (Virginia) moved to strike the word “annually” from the bill (JHRJournal of the House of Representatives of
          the United States (9 vols.; Washington, 1826)., 2:380; Annals of CongressDebates and Proceedings in the Congress of
          the United States … (42 vols.; Washington, 1834–56)., 4th Cong., 1st sess., 270, 304–7).

Mr. Madison was against the principle of the section, and therefore in favour of the amendment. He conceived this the first instance of an attempt to compensate a legislature by an annual salary. Such a principle seems to give a new aspect to the legislative part of the constitution. The legislature meet at certain periods, and the length of time they employ in the public service cannot be calculated beforehand.
He feared this new principle if established would embarrass and shorten deliberations; If for example, the members were to receive 1000 dollars for their annual services, as far as interest prevailed this must certainly act as a premium to shorten the session. The compensation of the legislature should be so low as to offer no inducement to spin out the session and so fixed as to be no temptation to cut it short. The more gentlemen revolved the subject in their minds the more he believed, they would be convinced of the mischievous tendency of the new principle attempted to be introduced.


Title: To James Madison from Jared Ingersoll, [9 February] 1796
From: Ingersoll, Jared
To: Madison, James

Dear Sir
[9 February] 1796
As you have considered the question of Constitutionality arising on the Carriage Tax, & I am applied to, on a sudden, to engage in the Argument, if without inconvenience, you could bestow 10 or 15 minutes to hint your Ideas upon the Subject, they will be very acceptable to me.
Excuse the liberty I take I am With much respect Your obed hum servt
Jared Ingersoll


Title: Domestic Debt of the United States, [9 February] 1796
From: Madison, James
To:

[9 February 1796]

   On 3 February, Smith (South Carolina) reported a bill to extend until the end of the year the time for receiving on loan the domestic debt of the United States. In debate on 9 February, Swift (Connecticut) moved a clause that “it shall be lawful for the offices of the Treasury to receive on Loan Continental bills.” Several speakers opposed the clause as violating statutes of limitations and for failing to provide against the receipt of counterfeit bills, while Gallatin and Swanwick (Pennsylvania) supported it (Annals of CongressDebates and Proceedings in the Congress of
          the United States … (42 vols.; Washington, 1834–56)., 4th Cong., 1st sess., 288, 307–10).

Mr. Madison was of opinion that these bills were clearly precluded by the acts of limitation—That the construction of the Treasury Department was consonant to the intention and end of the law—Adverting to what fell from Mr. Gallatin, tho’ he approved of his sentiments, yet the application of them to this case would counteract the general design and scope of his remarks—For on his principle the provision ought to be extended to various other parts of the funding system, which had no better basis for their support than the arbitrary sanction of the legislature. Mr. Madison supposed that the present question had no immediate connexion with the bill under discussion.


Title: To James Madison from James Wattson, 10 February 1796
From: Wattson, James
To: Madison, James

Respectd. Sir.
Liverpooll 10 feby 1796
The high Esteem & regard I have for you Makes Me trouble you, with this peice of Information which perhaps you already have Viz: That all Linnen Cloth Cotton Cloth, Tykes, Checks—&c. have a Bounty granted by Government of Britain of one penny half penny ⅌ yard of 36 Inches—they draw back also the Excise for Instance printed Cottons draw back the Excise Duty of 3d ⅌. yd. & also a Bountie of one penny half penny ⅌. yd. for the cloth so that they draw back on being Exported four pence half penny ⅌ yard one penny half penny of which is a Bounty—this Bounty of one penny half penny ⅌. yd. is Confined to Goods below One shillg & Six pence ⅌ yard. Saill Cloth has a Bounty of Two pence ⅌ yard & Gun powder of four shillg & Six pence ⅌ 100 ℔. weight. Even our Grain in Britain has a Bounty. As no other Nation grants Bountys on their Manufacters exported, this is the Reason of Great Britain enjoying Such a trade & of British Goods Cuting out the Goods of all other Nations at your Market.
The above is I think a full answer to Your Letter—and I hope will Convince of what I formerly asserted that Britains would keep the principall Imports of Goods into America in their own hands. I am Respected Sir yr. he. Set.
Jas. Wattson


Title: Postal Road Survey, [11 February] 1796
From: Madison, James
To:

[11 February 1796]
Mr. Madison moved that the resolution laid upon the table, some days ago, be taken up, relative to the survey of the post roads between the province of Maine and Georgia, which being read, he observed that two good effects would arise from carrying this resolution into effect; the shortest rout from one place to another would be determined upon, and persons, having a certainty of the stability of the roads, would not hesitate to make improvements upon them.

   Claypoole’s Am. Daily Advertiser, 12 Feb. 1796 (reprinted in Philadelphia Gazette, 13 Feb. 1796; also reported in Gazette of the U.S., 13 Feb. 1796).

[11 February 1796]

   Williams (New York) opposed the motion and asked the House to wait for the report of the committee on the post office.

Mr. Madison explained the nature and object of the resolution. He said it was the commencement of an extensive work. He wished not to extend it at present. The expence of the Survey would be great. The Post Office, he believed would have no objection to the intended regulation.

   Claypoole’s Am. Daily Advertiser, 12 Feb. 1796 (reprinted in Philadelphia Gazette, 13 Feb. 1796; also reported in Gazette of the U.S., 13 Feb. 1796). The House agreed to the resolution and appointed JM, Thacher (Massachusetts), Baldwin (Georgia), Henderson (New Jersey), and Sherburne (New Hampshire) to a committee (JHRJournal of the House of Representatives of
          the United States (9 vols.; Washington, 1826)., 2:440).


Title: From James Madison to George Washington, 12 February 1796
From: Madison, James
To: Washington, George

Philada. Feby. 12. 1796
Mr. Madison presents his respectful compliments to the President of the United States, with a letter from Arthur Cambell Esqr. which an accompanying letter to Mr. M. requests him to deliver to the President. Mr. Cambell makes a further request of Mr. M. to make any explanations that may be necessary. Mr. M. is not sensible that he possesses any local or other knowledge that can elucidate the proposition, as it is intimated in the letter to him. But if the President should think it proper for Mr. M. to wait on him, he will with pleasure do so, at any time the President may please to signify.


Title: To James Madison from George Washington, 13 February 1796
From: Washington, George
To: Madison, James

Dear Sir
13th. Feb: 1796.
I thank you for forwarding Mr. Campbells letter; & whenever I shall have the pleasure of seeing you (for I would not put you to the trouble of calling for that purpose only) I will converse with you upon the subject of it.

I confess, in the meantime, that I do not see upon what ground the application is made, to me. I can hardly suppose, Congress will disband the Troops now in Service, and supply their place with Militia; consequently, if the Western Posts are (when surrendered) to be garrisoned by the regular Troops, there could be no propriety in placing him over the heads of the Officers who belong to them. If on the other hand, this Service is to be performed by Militia—It does not lye with me to call, specially, on him or any other Militia Officer to command them. *In either case, I do not see the foundation of the application. Yours Affecty.
Go. Washington


Title: To James Madison from Jared Ingersoll, 14 February 1796
From: Ingersoll, Jared
To: Madison, James

Dear Sir
1796 Feby 14
I am particularly obliged by your sending me the Book on Taxation.
I will endeavour to possess myself of the Report to which you allude &
shall be particularly happy to have a conference with you to-morrow. I am With great regard yr
J. Ingersoll


Title: To James Madison from Joseph Jones, 17 February 1796
From: Jones, Joseph
To: Madison, James

Dr. Sr.
Fredg. 17. Febry. 1796.
I was not only astonished but concerned to see in what manner the resolutions of the Virginia Ass: was treated by the Mass. Legislature as well as some others but by others with more decency—these are strange and unaccountable things to me but I suppose are well warranted in the opinion of others better informed. I had supposed there was nothing unconstitutional in a state legislature speaking its opinion of any public measure through the proper Organ to the general government or that there was any improper interference in proposing to the other States objects of amendment for their consideration. Time no doubt has produced some change respecting the operation of the Treaty in the minds of Some But cannot alter the instrument itself which must sink or swim by its own weight. I fear your attempts to do what is right will be frustrated as appearances are So unfavourable and the resentmt. agt. Virginia so manifest. Even the answer of the P. on presenting the flag has had its weight with many who doubted his attachment to France—the warmth of sentiment expressed on that occasion was well calculated to make impressions with those who do not examine conduct and facts we shod. examine what is done not what is said. Genets offence with some men was impud⟨ence.⟩ The best Man that ever lived possessing the influence of the P. is a dangerous Man—the more so if guided in any of his measures by others who may not be so virtuous. God grant we may never have cause to say “curse on his virtues they have undone his Country.” Let me hear how Marshall & Campbell are reputed as able Counsel contrasted wth. the Pensa. champions. May you live and prosper in public & private. Yr. friend
Jos: Jones


Title: From James Madison to James Blair, ca. 20 February 1796
From: Madison, James
To: Blair, James

Letter not found. Ca. 20 February 1796. Mentioned in JM to James Madison, Sr., 21 Feb. 1796. Orders clover seed for Montpelier.


Title: From James Madison to Thomas Jefferson, 21 February 1796
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Philada. Feby. 21. 1796
Since my last I have made enquiry as to Lownes. In general he is well spoken of, in every respect. Old Mr. Howell however, told me he was not a punctual man & was slow in his payments. I then mentioned my reasons for asking him. He proceeded to say that his son dealt in the same article with Lownes, and that if you chose to take your Iron rod here, he would be responsible for the most exact compliance of his son. I next brought Sharpless into view. He spoke of him as a man fully to be relied on, & as a man with whom his son had had some dealings. He said there was but one objection to taking your supplies at short hand from Sharpless, which was that there was very little direct intercourse from Wilmington to Southern ports; that almost every thing exported thence, came first to Philada. I asked whether vessels could not stop there & take in articles; not he said, unless the freight of them was an object. As the order of my enquiries drew out the old gentleman’s opinion of Lownes, before he could well feel the interest of his son in the case, his testimony is entitled to respect. I have written to Jno. Bringhurst who resides at Wilmington to get & send me a full acct. of Sharpless & of the terms on which he wd. supply you; but have not yet recd. an answer.
I find as I conjectured that the provision made for the daughters of Degrasse was not in the way of loan but of gift. It would be difficult perhaps to justify the act in either way, by the text of the Constitution. The precedent nevertheless is in favor of Made. de Chattelleux’s son. Whether his claim will be viewed with the same indulgence on the score of his father’s merits is more than I can venture to decide. The services of De Grasse were critical. Chatelleux you recollect was not a favorite here, tho’ the cause may have been erroneous. Congress also were afraid of the Precedent at the time, & endeavored to interweave ingredients of peculiarity. I am really apprehensive that a compliance with the wishes of Made. de Chat: would entail on Us a provision for the families of the whole French army that served in this Country. Congs are occupied with a Bill for selling the Western lands. Opinions are various & the result doubtful. The British Treaty not yet before us; nor The Spanish before the Senate, or even arrived as far as I know. The Algerine is come to hand & under the deliberation of the Senate. The history of it contains some curious features, which it is not possible for me to explain in time. In general it costs an immense sum, & the annual tribute is to be pd. in naval Stores, infinitely underated in the Tariff. The friendly interference of France, tho’ applied for & in train, was precluded by the Agent’s precipitancy in closing the Treaty; for the hardness of which the apology is that it was the best that could be got. The letter from Paris in the inclosed paper, is Monroe’s, & the latest in date that has been recd from him. The fedl. Court has not yet given judgment in the case of payts. into the Virga. Treasury. Marshall & Cambell were the Counsel on one side, & Lewis & Tilghman on the other. Marshal’s argument is highly spoken of. Campbell & Ingersol will appear vs. the Carrage tax. Hamilton is here & to join Lee on the other side.


Title: From James Madison to James Madison, Sr., 21 February 1796
From: Madison, James
To: Madison, James, Sr.

Hond. Sir
Philada. Feby. 21. 1796
I have been much disappointed in not hearing from you on the subject of the Chariot; as well as on the enquiries I made respecting my crops of Corn, & the quantity of Wheat sent from my farms to Mr. Dunbar. I have just heard that Mr. Anderson expected to receive a quantity of Clover seed, & have written to Mr. Blair to procure me from 1 to 3 bushls. accordg. to the price, & forward it to Orange. Be so good as to co-operate with him, in getting it up if oppys. shd. offer. If you hear from Mr. Blair that it is obtained, it will be better for Collins to ride down for it, than not sow it in time. The paper of instructions will point out the fields where it is to be sown. If the 3 bushls shd be got or more than will do for me, you can make use of the su⟨r⟩plus yourself.
We have little news from abroad; farther than that the Constitution &c is promising in France, & the aspect of things th[r]eatening in Engld. & provisions extremely dear in both. Here Flour is abt. 14 dolls. & more likely to rise than fall.
The Treaty still as it was & That with Spain not arrived. That with Algiers is before the Senate. The particular terms are not yet made public. A land bill is under discussion, but opinions are so various, that the result is uncertain. Let Col. F. Taylor know that I have red. his letter & have presented his memorial which is referred to the Come. of Claims. We are all well, & much love is offered to my mother & yourself. We have the pleasure to hear from Fanny that sister Hite is recovered. Yr. affe. son
Js. Madison Jr


Title: To James Madison from Thomas Jefferson, 21 February 1796
From: Jefferson, Thomas
To: Madison, James

Th: J. to J. M.
Monticello. Feb. 21. 96.
I propose to write you a longer letter in answer to your two favors of Jan. 31. & Feb. 7. which came by our last post. But as I may possibly not have time before A’s departure, I inclose you a letter to J. Bringhurst, as the perusal of it will answer that article of your letters. When read, be pleased to seal & send it. I thank you as much for your advance to him as if I had really owed it, and if he does not repay it immediately, let me know it & I will do it. I have always considered paiments for my honor, as debts of honor, whether they were right or wrong. Adieu affectionately


Title: To James Madison from William Russell, 22 February 1796
From: Russell, William
To: Madison, James

Sir,
Orange, February 22d. 1796
Inclosed you have several papers relative to my claim against the United States, and am sorry to trouble you so much about the business. I should esteem it a singular favor if you would still try to settle it for me, as I am in want of what is due me at present, and desire no more than is just and right. After informing Mr. Robertson of my business, he referred to his Papers and finding that I was intitled to Wages from the 24th. Septr. 1781 ’till the 18th. Jany 1782 he gave me the inclosed Certificate, which I hope will be satisfactory, together with the other papers. He inform’d me that he had lodged an Account in a Mr. Burwell’s Office of New York of every person who he employed in the Commy. Department, of the time they were employed and the time they quited the service. In answer to a remark of a part of the Original Certificate being cut off, I have only to say that I don’t know how it could happen, however am in hopes that no part of the Writeing is cut off. When I engaged with Mr. Robertson I was appointed to Issue provisions to a body of troops at Surry old Court-house, but they march’d from there before York-town, afterwards I was employed in Conducting public Stores to different places for the use of the Public &C and had a harder tour than if I had been stationed altogether at one particular post. Should it so happen that the return of my Claim can not be found, I think it would be a cruel hardship for me to loose my Wages on account of it. There is no general rule without an exception, and justice and equity ought to be an inducement in particular Cases, for a person to deviate from the strict tenor of the Law, however, hope that there will be no difficulty in settling the business. Any trouble and expence you may be at I am willing to make ample Compensation for. Should it so happen that the Commissioner will not settle my Claim, I wou’d thank you not to send the inclosed papers by the post, least they should fail comeing to hand, but Keep them for me ’till you return to Orange. Wishing you and Family all possible health and happiness, I remain Sir, yr mo: obt. Servt.
Wm Russell.
P. S. Mr. Robertson says he thinks the Wages that I am entitled to is 40 Dollars pr. Month, however the Commissioner Knows what the law allows.
W. R.


Title: Loan for the City of Washington, [22 February] 1796
From: Madison, James
To:

[22 February 1796]

   In a message of 8 January 1796, Washington urged Congress to provide for the completion of public buildings in the federal city. On 25 January a House committee reported resolutions recommending that the president be authorized to borrow money for that purpose. These resolutions were debated in a Committee of the Whole on 3 and 4 February and reported as a bill on 15 February. This bill was debated again in a Committee of the Whole on 22 February, when Hillhouse (Connecticut) moved that it be recommitted for amendments (Annals of CongressDebates and Proceedings in the Congress of
          the United States … (42 vols.; Washington, 1834–56)., 4th Cong., 1st sess., 232, 266, 290–93, 294–96, 325, 356–57).

Mr. Madison did not see any necessity for the committee to rise. He thought the bill conformable to the resolution of the house, and sufficiently simple in itself.


Title: Assignment of a Share in the Library Company of Philadelphia, 22 February 1796 (Abstract)
From: Madison, James
To:

22 February 1796. JM, having by marriage to the widow of John Todd inherited a share in the Library Company, for valuable consideration assigns that share to George McCall of Philadelphia.


Title: To James Madison from Jared Ingersoll, [24 February] 1796
From: Ingersoll, Jared
To: Madison, James

[24 February 1796]
… Mr. Hamilton has today stated his points. Permit me to mention them hastily, & if you have time … to remark on them I shall be glad.…


Title: From James Madison to James Monroe, 26 February 1796
From: Madison, James
To: Monroe, James

Dear Sir
Philada. Feby. 26 1796.
I have written you several particular letters latterly, & now add this for a conveyance of which I am just apprised.
The British Treaty, is still in the situation explained in my last. Several circumstances have indicated an intention in the Executive to lay it before the House of Reps. but it has not yet taken place. There is reason to believe that some egregious misconception of ideas has disappointed the executive of the original ratification. Still however the executive is not to be excused for sacrificing substance to form, by withholding the subject and as this idea must gain strength with the delay a call for the treaty will become daily more and more practicable and probable.
The Algerine & Spanish Treaties are both before the Senate. Mr. Tazewell is to make them the subject of a letter to you by the present opportunity; he being fully acquainted with them. The former is stampt with folly & the most culpable irregularities. The latter gives general joy. I have not yet ascertained whether it clashes with the British treaty as to the Missisipi or is in any point chargeable with the unconstitutionality alledged against the British.
You already know that Pickering is Secretary of State, & that Charles Lee is Attorney General. The vacancy in the Secretaryship of war has been filled with Docr. McHenry. On the exclusion of Jno. Rutledge, Cushing was made Chief Justice, but has declined it & no successor is yet nominated. Chase is appointed to the vacancy produced by Mr. Blair’s resignation. There is still a vacancy resulting from Jay’s translation to the Govt. of N. York to be filled. On these several appointments, you will make your own comments. They are to a man of the treaty party.
The amendments proposed by Virginia, for requiring the consent of the H. of Reps. to Treaties, limiting the terms of Senators to three years &c. have excited the most active party venom against that state and the success of the hue & cry has been greater than could have been imagined. The legislatures of New Hampshire Massachusets Rhode Island New York Pensylvania Delaware have all rejected, and several of them insulted the example.
It is now pretty certain that the president will not serve beyond his present term. The British party had Jay first in view as is believed. It is now said Adams is the object. Their second man is not fixt on or discovered. It will probably be a man who will cause a diversion of southern votes. H. Lee has been conjectured but they will hardly think him the fittest for the purpose. The republicans knowing that Jefferson alone can be started with hope of success mean to push him. I fear much that he will mar the project & ensure the adverse election by a peremptory and public protest. The candidate for the V. P. is not yet designated.
The immediate subjects before the H. of Reps. are 1. a bill for guaranteeing a loan on a mortgage of the public lotts in the federal City, for compleating the preparations there in time, without selling the lotts below their value. The bill has been delayed by objections of various sorts urged from various motives. As the President has recommended the measure, it is probable, tho’ not certain, that it will be allowed to pass. 2. A bill for selling the lands N. W of the Ohio. On this also opinions are multifarious & the issue not certain. 3. New taxes. Notwithstanding the parade with respect to our finances, there are 6,200,000 dollrs. of anticipations due to the bank now called for besides the foreign instalments, and abt. 1100,000 for the deferred debt which will accrue by the time plans laid now will become regularly & adequately productive. Wolcot in the spirit of his predecessor proposes to fund the anticipations &c. by selling new stock irredeemable for 25 years, that is, the redemption is not to commence till the end of 25 years. The new revenues contemplated are an increase of the duty on salt—a stampt tax—a tax on testamentary dispositions, an increase of the tax on Carriages—&c. A tax on leather & hats were also brought forward in a Come. of ways & means, but will not be pressed. Wd. you have supposed that a land tax & House tax as indirect taxes, had also a patronage?
The constitutionality of the Carriage tax has been just argued here before the federal Court of Appeals; Chs. Lee & Hamilton on the side of the tax; Ingersoll, & Campbel of Richmond, agst. it. Lee did not distinguish himself, & took ground different from that of his coadjutor. H. exerted himself as usual. Ingersoll appeared to advantage, & Campbel I am told, acquitted himself ably & very eloquently. The Judges on the bench were Wilson, Patterson, Iredell & Chase. No decision has yet been given, but an affirmance of the law is generally anticipated. The payments into the Virga. Treasy. have also been argued at this term. Marshall & Campbel came hither for the purpose, in behalf of the debtors. They were combated by Lewis & Tilghman. Marshal is said to have figured very powerfully in his argument: & it is thought the event is at least doubtful.
The birthday of the president has been celebrated with greater splendor than ever. The crisis explains the policy. A circumstance has taken place however more indicative in its nature than any display within the fashionable circle. You will recollect the usage of adjourning for half an hour to compliment the president on the anniversary of his birth. Last year there were but thirteen dissentients. This year the motion to adjourn was negatived by fifty against thirty-eight.
It has been whispered that you are to be recalled and Bingham to replace you. I entirely disbelieve it but the whisper marks the wishes of those who propagate it.
Pickering will pay your draught on him. Bache has not yet recd. the 2d. part of the Rights of Man, which he says is the only fund on wch. Mr. Payne could draw. Mrs. M. offers her best regards along with mine to Mrs. Monroe. A letter from Mr. Jones accompanies this. We are 3 months without intelligence from France. Adieu. Yrs. sincerely
Js. Madison Jr.


Title: From James Madison to Thomas Jefferson, 29 February 1796
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Philada. Feby. 29. 1796
The Treaty with Spain arrived on Tuesday last. It adjusts both the boundary and navigation in a very satisfactory manner. I have not yet been able to decide whether, on the latter point it clashes or not with the British Treaty; the article being differently represented by different members of the Senate. Nor am I able to say whether any of the articles come within the objections to the constitutionality of the British Treaty. In what relates to contraband & other points in the law of Nations, I understand it presents an honorable contrast to Jay’s stipulations. The Algerine Treaty has some curious features. Among other’s, the sum of one Million paid for the ransom & the peace, does not appear before the Senate, as any part of the Treaty; but has been paid as a verbal part of the Contract, under the authority of the law of appropriation: So that the most material part of the Treaty has been made by the President & the Legislature, without the Treaty-Agency of the Senate. The British Treaty as finally ratified has been republished in the newspapers from foreign copies, but is still not laid before Congress.
The President’s birthday has been celebrated with unexampled splendor. The crisis explains the policy of this. It is remarkable however that the annual motion to adjourn for half an hour to pay the compliment of the day, was rejected this year by 50 vs. 38. altho’ last year on the yeas & nays 13 only voted in the negative.
Nothing from abroad. Bringhurst is making enquiry as to Sharpless. Mr. Rittenhouse the same as to the Kitchen Stoves. Adieu


Title: Impressed American Seamen, [29 February] 1796
From: Madison, James
To:

[29 February 1796]

   Impressment of American seamen by the Royal Navy was a constant irritant in Anglo-American relations, especially after the outbreak of war between Great Britain and France in 1793. American consuls in the ports of Great Britain could offer some assistance to impressed Americans under a statute of 14 April 1792, but the United States had no consular offices in the West Indies, from where American ship captains and newspapers frequently reported cases of impressment. Diplomatic negotiations between Great Britain and the United States after 1791 failed to adjust the issue, nor did the Jay treaty of 1794 contain any provision on the matter, an omission that only added to the defects of that agreement in the eyes of most Republicans, JM included.

   Accordingly, Livingston (New York) raised the issue in the House on 18 February 1796 and the next day obtained the appointment of a committee of five members to consider appropriate legislation. Reporting back to the House on 25 February, the committee submitted two resolutions: that the president of the United States be authorized to appoint two or more agents in British and West Indian ports to inquire into the situation of impressed Americans and endeavor to obtain their release; and that proper means be provided whereby American citizens could register authenticated evidence of their birth or naturalization to protect them from impressment. The House began discussion in a Committee of the Whole on 29 February, with opponents of the resolutions arguing there was insufficient evidence of impressments to justify legislation. Bourne (Rhode Island) moved to amend the resolutions by confining the appointment of agents to the West Indies, but Smith (Maryland) pointed out that American consuls in Great Britain were too few to respond to the difficulties of impressed seamen (JHRJournal of the House of Representatives of
          the United States (9 vols.; Washington, 1826)., 2:448, 450, 453–54; Annals of CongressDebates and Proceedings in the Congress of
          the United States … (42 vols.; Washington, 1834–56)., 4th Cong., 1st sess., 344, 350, 372, 381–93; ASPAmerican State Papers: Documents,
          Legislative and Executive, of the Congress of the United States … (38 vols.;
        Washington, 1832–61)., Foreign Relations, 1:532; see also James Fulton Zimmerman, Impressment of American Seamen [New York, 1925], pp. 11–61).

Mr. Madison observed that the gentleman from Rhode-Island who made the motion now in question, thought it unnecessary to send agents to Great Britain, because America had consuls there. The member lately up from Maryland had anticipated what he intended to have remarked on that subject. He did not think the consuls could do all that agents might. The consuls are but two in number in the kingdom, who receive no recompence, except an increase of business from their public character. Under these circumstances, if they do their ordinary functions, it is as much as can be expected, the business now wanted to be done, is extraordinary. Besides, consuls are unequal to the task. Men are seized, put on board vessels allotted for the purpose, until ships of war be ready to receive them. It is a heavy business, therefore, for a person to follow up the enquiry and go in pursuit of persons thus seized. If an agent or agents should be sent to Great Britain, no other business will require his or their attendance. After the present motion is decided, he should wish to have the words struck out fixing the place of residence for agents, and leave it in the power of the President to appoint that particular.


Title: To James Madison from Hubbard Taylor, 1 March 1796
From: Taylor, Hubbard
To: Madison, James

Dr. Sir
1st. March 1796
I have omitted in my letter of this date to comply with the requ[e]st of our relation Jonathan Taylor Jur. He supposes there will be agents or superentendants appointed to carry on a trade with the Indian tribes, and he wishes to get into that department—and wishes your aid in the matter. The Carrecter of Mr. Taylor as an Officer, & paymaster in the Army has been (from every information I have got,) unexceptionable, and generally satisfactory, to the Commander who has been particularly fond of him; and agreable to all his brother officers. I refer you to his letter to me which I herein inclose for further information.
Should he succeed I am fully persuaded he will discharge the trust with credit both to him self and the Office. I am Dr Sir Sincerely yours
H. Taylor
P. Mr. Taylor wishes, a referance to Genl. Wayne, & his Accts in the War Office for information.
H Taylor


Title: Impressed American Seamen, [1 March] 1796
From: Madison, James
To:

[1 March 1796]

   In the debate continuing in the Committee of the Whole since 29 February, Bourne (Rhode Island) modified his amendment to leave greater power with the president on the appointment of agents (Annals of CongressDebates and Proceedings in the Congress of
          the United States … (42 vols.; Washington, 1834–56)., 4th Cong., 1st sess., 395).

Mr. Madison said if the motion under discussion was meant to supercede the appointing of agents, he should object to it. Perhaps, he said, a question might arise whether an agent of this kind might be an officer of the United States. But, however this might be, the Constitution said that no office could be created and filled by the same power; this being the case that house ought to establish the office, and leave the President to fill it. Besides if it be the intention of the house to furnish relief to the objects contemplated, they should designate the mode. And no doubt could be entertained but that agents specially appointed would be preferable to Consuls. But, if the present motion was agreed to, it would be dismissing the plan of appointing agents, and leave it to the President to appoint them or not. Hoped therefore the original resolution, and not the amendment would be agreed to.

   Claypoole’s Am. Daily Advertiser, 2 Mar. 1796 (reprinted in Philadelphia Gazette, 2 Mar. 1796).

[1 March 1796]

   After further debate, Smith (New Hampshire) proposed that the positions of agents and consuls be combined, leaving the President with discretion which to appoint in each case.

Mr. Madison again urged the propriety of adopting the plan of agents, in preference to consuls, and shewed that in adopting this plan, they could not be considered as wanting in respect to the Executive, since they would be doing no more than their duty.

   Claypoole’s Am. Daily Advertiser, 2 Mar. 1796 (reprinted in Philadelphia Gazette, 3 Mar. 1796). Bourne’s amendment was defeated; amended versions of Livingston’s resolutions were carried and sent to a committee to prepare bills (Annals of CongressDebates and Proceedings in the Congress of
          the United States … (42 vols.; Washington, 1834–56)., 4th Cong., 1st sess., 396–400).


Title: To James Madison from Mark Pragers and Company, 3 March 1796
From: Mark Pragers and Company
To: Madison, James

Sir
Front Street No. 36 North 3d March 1796
We recd. yesterday a Letter from Mr. Arnold Henry Dohrman a[t] New York, requesting to settle a claim you have against him for Mr. Philip Mazzei, we beg therefore to be informed when you will be at leisure and one of our house will do him self the pleasure to call on you, to converse on the subject. We are respectfully Sir Your most Obedt. Servts.
Pragers & Co.