Title: To James Madison from Benjamin Waller, 28 November 1785
From: Waller, Benjamin
To: Madison, James

Sir;
Williamsburg Novr. 28th. 1785
Colo. Richard Cary, on his return from Richmond delivered me a friendly Hint from Mr. Matthews; but whether from the Councillor or Delegate, of that name, he did not say, nor indeed did I ask; so that I am at a Loss which of them to thank. The Purport was, that Umbrage was taken at my not attending the Court of Appeals at Richmond. Presuming on a former half-Year’s acquaintance, I venture to address you on the Subject, instead of writing, at Random, to either of the above Gentlemen. True it is, Sir, that I have not attended that Court; and sorry I am that the Default of so insignificant a Member should give Offence. It is a fact; that my appointment to the two Offices I have been honoured with by the General Assembly, were conferred merely through their own Grace and Favor, without Solicitation: that then, and at all other times, I expressed a Compliance to serve in any Station they thought proper; provided it might be performed down here; but that I could not travel any Distance from home in my old Age. During my Seat in Council, the two Sessions of the Court of Appeals held here, and at every Court of Admiralty, I never absented myself from Duty a Day, not even an hour. Until lately the Court of Appeals hath dispatched little business, but not for Want of Members. I own it is my Duty to attend, however useless; but now advanced in my 70th: Year, subject to the natural Infirmities incident thereto, and thereby chiefly confined at home; can I, my good Sir, with any Pretence to Prudence, quit Quiet & Retirement (almost the only remaining Comforts) to launch into Noise, a Crowd, and a new World, (for few of my Co-temporaries are left) and possibly be exposed to Ridicule and Contempt? Whether the World be tired of us, or We of the World, or both possibly mutually weary of each other, Tempus abire est, We must either decently yield to Succession, or be shouldered out.
When by an Act, in 1779, the Courts were removed to Richmond, I should have resigned; had not the next Session of Assembly fixed the Admiralty Court here. When, after fleeing from Leslie & Arnold twice, I found I must fall under the Power of Lord Cornwallis, and expected to be paroled, or carried into Captivity, that this Disability might not be detrimental, I wrote a Letter of Resignation to the Governor, and sent it to Major Day for a Conveyance; but he, scarcely escaping himself, left the Letter behind him. After the Enemy had quitted the Town, and I had, by a lucky accident, escaped a Parole, hearing of the Letter, I sent for and destroyed it. For, having been severely pillaged by the Enemy; a little by others; and grievously by the Paper Money, and the advantages taken under the Laws relating to it, I was obliged to take this Step to pay taxes and subsist.
During the War, the Admiralty Court did much Business, and decided more Property than any Court in the State; the Commonwealth’s Share of the Condemnations, I am persuaded, did then fully defray the Judges Salaries. Since the Peace Matters are changed. As soon as the Assise Courts were established, I resolved to resign, if alive, at the Commencement of the Act: accordingly the inclosed have been written, but kept back ’til a proper Season. A Quarter’s Salary will be due to me at their Date; but if, contrary to the modern Custom, a Month’s Wages extraordinary should be thought too much, at dismissing a greyheaded Servant, be pleased to alter the Date. The good natured manner of merry Charles, his discharging Lord Chancellor Shaftsbury, hath never been impeached. Ignorant to whom the Resignation should be directed; out of Session I know to the Governor; but whether to one or both of the Speakers, during the Session, is to me doubtful. Be so kind, Sr. when the time is arrived, to seal and deliver one or both of them on my behalf; and pardon all this Trouble. I trust your Humanity will do this, and oblige, Sr., Yr. mo: obt. Servt.
Ben Waller


Title: To James Madison from George Washington, 30 November 1785
From: Washington, George
To: Madison, James

My dear Sir,
Mount Vernon Novr. 30th. 1785.
Receive my thanks for your obliging communications of the 11th. I hear with much pleasure that the assembly are engaged, seriously, in the consideration of the Revised Laws. A short & simple code, in my opinion, tho’ I have the sentiments of some of the Gentlemen of the long Robe against me, would be productive of happy consequences, and redound to the honor of this or any Country which shall adopt such.
I hope the resolutions which were published for the consideration of the House, respecting the reference to Congress for the regulation of a Commercial system will have passed. The proposition in my opinion is so self evident that I confess I am at a loss to discover wherein lyes the weight of the objection to the measure. We are either a United people, or we are not. If the former, let us, in all matters of general concern act as a nation, which have national objects to promote, and a national character to support. If we are not, let us no longer act a farce by pretending to it. For whilst we are playing a dble game, or playing a game between the two we never shall be consistent or respectable—but may be the dupes of some powers and, most assuredly, the contempt of all. In any case it behoves us to provide good Militia Laws, and look well to the execution of them—but, if we mean by our conduct that the States shall act independently of each other it becomes indispensably necessary—for therein will consist our strength and respectab[il]ity in the Union.
It is much to be wished that public faith may be held inviolate. Painful is it even in thought that attempts should be made to weaken the bands of it. It is a dangerous experiment—once slacken the reins and the power is lost—and it is questionable with me whether the advocates of the measure foresee all the consequences of it. It is an old adage that honesty is the best policy—this applies to public as well as private life—to States as well as individuals. I hope the Port and Assize Bills no longer sleep but are awakened to a happy establishment. The first with some alterations, would in my judgment be productive of great good to this Country—without it, the Trade thereof I conceive will ever labor & languish. With respect to the Second if it institutes a speedier Administration of Justice it is equally desirable.
It gives me great pleasure to hear that our assembly were in a way of adopting a mode for establishing the Cut betwn. Elizabeth River & Pasquotank which was likely to meet the approbation of the State of No. Carolina. It appears to me that no Country in the Universe is better calculated to derive benefits from inland Navigation than this is—and certain I am, that the conveniences to the Citizens individually, and the sources of wealth to the Country generally, which will be opened thereby will be found to exceed the most sanguine imagination. The Mind can scarcely take in at one view all the benefits which will result therefrom. The saving in draught Cattle, preservation of Roads &ca. &ca. will be felt most interestingly. This business only wants a beginning. Rappahanock, Shannondoah, Roanoke, and the branches of York River will soon perceive the advantages which water transportation (in ways hardly thought of at first) have over that of Land and will extend Navigation to almost every Mans door.
From the complexion of the debates in the Pensylvania it should seem as if that Legislature intended their assent to the proposition from the States of Virginia & Maryland (respecting a Road to the Yohiogany[)] should be conditional of permission given to open a Communication between the Chesapeak & Delaware by way of the Rivers Elk & Christeen—which I am sure will never be obtained if the Baltimore interest can give it effectual opposition.
The Directors of the Potomack Company have sent to the Delegates of this County to be laid before the Assembly a Petition (which sets forth the Reasons) for relief in the depth of the Canals which it may be found necessary to open at the great & little Falls of the River. As public œconomy and private interest equally prompt the measure and no possible disadvantage that we can see will attend granting the prayer of it, we flatter ourselves no opposition will be given to it.
To save trouble to expedite the business, and to secure uniformity without delay, or an intercourse between the Assemblies on so trivial a matter we have taken the liberty of sending the draught of a Bill to Members of both Assemblies, which if approved will be found exactly similar. With the highest esteem and regard, I am Dr. Sir yr. Obed. & Affecte Hbl Ser
Go: Washington


Title: Notes for Debate on Commercial Regulations by Congress, 30 November–1 December 1785
From: Madison, James
To:

[30 November–1 December 1785]
⟨1784–5 Notes of Speech⟩
Genl. Regns. necessary ⟨thro: the States⟩
1. Counteract foreign plans
2. encourage Ships & Seamen
3.  manufactures
4. revenue
5. frugality — articles of luxury easily smuggled
6. embargoes in war. Delaware
—————
necessary to prevent animosity.

contention:
France

& smuggling
Mass: & Cnt.

N. Y. & N. J.

Penna.

Irish propositions

—————

necessary to Justice —
N. Carola.

& Policy —
W. Country

—————
necessary, as within reason of Constiton.

power of
War

Peace

Alliance

Ambassrs.

Treaties of Commerce especially

which already (1) comprise

2. or require it (3) State [illegible] treaty

—————
Safe. 1. with regd. to liberties of States
(1) control over Congs. (2) Greece Swiss (3) Dutch. (4) peculia[r] situation of U. S.

    2. with regd. to Virga.
(1) Tobo. (2.) Ships (3.) coast trade lo[c]al
—————
(4) 5. S. States — Cont. & N. J
—————
Necessary to preserve a Confederation.
(1) decline of Congs. (2) inadequacy to end
(3) G. B. aims to break the Union, as to monopoly of Trad[e]
Consequences of breaking or dissolving Union.
1. appeal to Sword2. Standg. armies3. perpetual Debts4. Sport of foreign politic[s]5. glorious prospect of Revolution if blasted
power May be qualified
1. duties on Ships & cargoes confined to Nations not in treaty.
2. limited to 5 per Ct. on all for union treasy.
3. enumerated luxuries taxed for State treasy. or prohibited
4. restrain States from regulating so as to oppress each other but may prohibit
5. 2/3 of Congs. regd. & no act
  to be in force more than 15 years
Mr. Braxton ideas
Speakers do. French sd.
H. Lees — do.
Rum Ronald — manufacturers
—————
Fedl. Town.
Navigation Act
Jealousy of Eastern States


Title: From James Madison to James Madison, Sr., ca. 1 December 1785
From: Madison, James
To: Madison, James, Sr.

ca. 1 December 1785. Mentioned in JM’s 1 December 1785 letter to his brother Ambrose. Contained news about the activities of the Assembly.


Title: From James Madison to James Monroe, 9 December 1785
From: Madison, James
To: Monroe, James

Dear Sir
Richmd. Decr. 9. 1785
Supposing that you will be at New York by the time this reaches it I drop a few lines for the post of today. Mr. Jones tells me he informed You that a substitute had been brought forward to the commercial propositions which you left on the carpet. The subject has not since been called up. If any change has taken place, in the mind of the House, it has not been unfavorable to the idea of confiding to Congress a power over trade. I am far from thinking however that a perpetual power can be made palatable at this time. It is more probable that the other idea of a Convention of Commissrs
   to Annapolis.
 from the States for deliberating on the state of commerce and the degree of power which ought to be lodged in Congress, will be attempted. Should it fail in the House, it is possible that a revival of the printed propositions with an extension of their term to twenty five years, will be thought on by those who contend that something of a general nature ought to be done. My own opinion is unaltered. The propositions for a State effort have passed and a bill is orderd in, but the passage of the bill will be a work of difficulty & uncertainty; many having acquiesced in the preliminary stages who will strenuously oppose the measure in its last stages. No decisive vote has been yet taken on the Assize bill. I conceive it to be in some danger, but that the chance is in its favour. The case of the British debts will be introduced in a day or two. We have got through more than half of the Revisal. The Criminal bill has been assaile[d] on all sides. Mr. Mercer has proclaim’d unceasing hostility against it. Some alterations have been made, & others probably will be made, but I think the main principle of it will finally triumph over all opposition. I had hoped that this Session wd. have finished the code, but a vote agst. postponing the further consideration of it till the next, was carried by so small a Majority that I perceive it will be necessary to contend for nothing more than a few of the more important bills, leaving the residue of them for another year. My proposed amendment to the report on the Memorial of Kentucky, was agreed to in a Committee of the whole without alteration, and with very few dissents. It lies on the table for the ratification of the House. The members from that district have become extremely cold on the subject of an immediate separation. The half tax is postponed till March & the Sepr. tax bill Novr. next. Not a word has passed in the House as to a paper emission. I wish to hear from you on your arrival at N. Y. and to receive in particular whatever you may be at liberty to disclose with regard to the Treaty of peace, &c. with G. B. Mr. Jones wishes you to accept this as on his acct. as well as mine. He sent C. Griffins order on the bank by the last post and hopes you red. it at Fredg. Col. Grayson will no doubt have left you. I have omitted for some time writing to him on a supposition that I should be too late. I am Dr. Sir Yrs. Affecly.

J. Madison Jr.


Title: From James Madison to George Washington, 9 December 1785
From: Madison, James
To: Washington, George

Dear Sir
Richmond Decr. 9. 1785
Your favour of the 30. Novr. was received a few days ago. This would have followed much earlier the one which yours acknowledges had I not wished it to contain some final information relative to the commercial propositions. The discussion of them has consumed much time, and though the absolute necessity of some such general system prevailed over all the efforts of its adversaries in the first instance, the stratagem of limiting its duration to a short term has ultimately disappointed our hopes. I think it better to trust to further experience and even distress, for an adequate remedy, than to try a temporary measure which may stand in the way of a permanent one, and must confirm that transatlantic policy which is founded on our supposed distrust of Congress and of one another. Those whose opposition in this case did not spring from illiberal animosities towards the Northern States, seem to have been frightened on one side at the idea of a perpetual & irrevocable grant of power, and on the other flattered with a hope, that a temporary grant might be renewed from time to time, if its utility should be confirmed by the experiment. But we have already granted perpetual & irrevocable powers of a much more extensive nature than those now proposed and for reasons not stronger than the reasons which urge the latter. And as to the hope of renewal, it is the most visionary one that perhaps ever deluded men of sense. Nothing but the peculiarity of our circumstances could ever have produced those sacrifices of sovereignty on which the fœderal Government now rests. If they had been temporary, and the expiration of the term required a renewal at this crisis, pressing as the crisis is, and recent as is our experience of the value of the confederacy, sure I am that it would be impossible to revive it. What room have we then to hope that the expiration of temporary grants of commercial powers would always find a unanimous disposition in the States, to follow their own example. It ought to be remembered too that besides the caprice, jealousy, and diversity of opinions, which will be certain obstacles in our way, the policy of foreign nations may hereafter imitate that of the Macedonian Prince who effected his purposes against the Grecian confederacy by gaining over a few of the leading men in the smaller members of it. Add to the whole, that the difficulty now found in obtaining a unanimous concurrence of the States in any measure whatever, must continually increase with every increase of their number and perhaps in a greater ratio, as the Ultramontane States may either have or suppose they have a less similitude of interests to the Atlantic States than these have to one another. The propositions however have not yet received the final vote of the House, having lain on the table for sometime as a report from the Commee. of the whole. The question was suspended in order to consider a proposition which had for its object a Meeting of Politico-Commercial Commissrs from all the States for the purpose of digesting and reporting the requisite augmentation of the power of Congress over trade. What the event will be cannot be foreseen. The friends to the original propositions are I am told rather increasing, but I despair of a majority in any event for a longer term than 25 years for their duration. The other scheme will have fewer enemies and may perhaps be carried. It seems naturally to grow out of the proposed appointment of Commssrs for Virga. & Maryd, concerted at Mount Vernon for keeping up harmony in the commercial regulations of the two States. Maryd has ratified the Report, but has invited into the plan Delaware and Penna. who will naturally pay the same compliment to their neighbours &c. &c. Besides these general propositions on the subject of trade, it has been proposed that some intermediate measures should be taken by ourselves, and a sort of navigation act will I am apprehensive be attempted. It is backed by the mercantile interest of most of our towns except Alexandria which alone seems to have liberality or light on the subject. It was refused even to suspend the measure on the concurrence of Maryland or N. Carolina. This folly however can not one would think, brave the ruin which it threatens to our Merchts. as well as people at large, when a final vote comes to be given.
We have got thro’ a great part of the Revisal, and might by this time have been at the end of it had the time wasted in disputing whether it could be finished at this Session been spent in forwarding the work. As it is, we must content ourselves with passing a few more of the important bills, leaving the residue for our successors of the next year. As none of the bills passed are to be in force till Jan. 1787, and the residue unpassed will probably be least disputable in their nature, this expedient tho’ little eligible, is not inadmissible. Our public credit has had a severe attack and a narrow escape. As a compromise it has been necessary to set forward the half tax till March, and the whole tax of Sepr. next till Novr. ensuing. The latter postponement was meant to give the planters more time to deal with the Mercht[s] in the sale of their Tobo., and is made a permanent regulation. The Assize bill is now depending. It has many enemies and its fate is precarious. My hopes how[ever] prevail over my apprehensions. The fate of the Port bill is more precarious. The failure of an interview between our Commssrs and Commssrs on the part of N. Carolina has embarrassed the projected Canal between the Waters of the two States. If N. C. were entirely well disposed the passing an Act suspended on & referred to her legislature would be sufficient, and this course must, I suppose be tried, tho’ previous negociation would have promised more certain success. Kentucky has made a formal application for independen[ce.] Her memorial has been considered, and the terms of separation fixed by a Come. of the whole. The substance of them is that all private rights & interests derived from the laws of Virginia shall be secured that the unlocated lands shall be applied to the objects to which the laws of Va. have appropriated them—that nonresidents shall be subjected to no higher taxes than residents—that the Ohio shall be a common high way for Citizens of the U. S. and the jurisdiction of Kentucky & Virga. as far as the remaing. territory of the latter will lie thereon, be concurrent only with the new States on the opposite Shore—that the proposed State shall take its due share of our State debts—and that the separation shall not take place unless these terms shall be approved by a Convention to be held to decide the question, nor untill Congs. shall assent thereto, and fix the terms of their admission into the Union. The limits of the proposed State are to be the same with the present limits of the district. The apparent coolness of the Representatives of Kentucky as to a separation since these terms have been defined indicates that they had some views which will not be favored by them. They disliked much to be hung up on the will of Congs. I am Dr. Sir with highest esteem and unfeigned regard. Yr. obedt. & hble Servt.
J. Madison, Jr.


Title: From James Madison to James Madison, Sr., ca. 13 December 1785
From: Madison, James
To: Madison, James, Sr.

ca. 13 December 1785. Mentioned in JM’s letter to his brother, Ambrose, 15 December 1785. In the letter to his father, 24 December 1785, JM wrote that the previous letter had concerned the miscarriage of the Assize Court bill.


Title: From James Madison to Ambrose Madison, 15 December 1785
From: Madison, James
To: Madison, Ambrose

Dr. Bror.
Richmond Decr. 15 — 1785
I wrote to my father a day or two ago by Col: Burnley to which I refer. The principal step since taken by the H. of Delegates has been the rejection of a bill on which the Assize scheme depended. The majority consisted of 63 agst, 49. Yesterday the vote of the Speaker decided in the affirmative a resolution to repeal the Act which permits Masters to free their slaves. I hope the bill which must follow on the subject may be less successful. Many who concurred in the Resolution will probably be content finally with some amendment of the law in favor of Creditors. Should it prove otherwise this retrograde step with regard to an emancipation will not only dishonor us extremely but hasten the event which is dreaded by stimulating the efforts of the friends to it. The residue of the Revisal from No. 65 will be put off, except the Religious Bill and a few others. Leave was given yesterday for a bill in favor of British Creditors, but not without proofs that it will be opposed in every stage of its progress thro’ the House. The price of Tobo. is not much if at all changed. I have nothing to add to my last on that subject which signified my wishes for your going on with your purpose. The low price is the effect of the dearth of money more than of the price in Europe. I inclose a letter from Mr. Smith which you will communicate to brother F. & Capt: Walker, and let them know that I will apply according to its request any remittances to my hands. I have recd. from Capt. W. £4. 10 which will lessen so much his balance. Adieu
J. M. Jr.
Inform Col: F. Taylor that I have got from Dunscomb a written memorandum of the reasons which hinder him from taking cognizance of Col. Ts. acct. and that I found it would be in vain to present his Memorial to the House.


Title: Act Giving Executive the Power to Deal with Aliens, 15 December 1785
From: Madison, James
To:

[15 December 1785]
BE it enacted by the General Assembly, That it shall and may be lawful for the governor, with the advice of the council of state, to apprehend and secure, or cause to be apprehended and secured, or compelled to depart this commonwealth, all suspicious persons, being the subjects of any foreign power or state, who shall have made a declaration of war, or actually commenced hostilities against the said states, or from whom the United States in congress, shall apprehend hostile designs against the said states; provided information thereof shall have been previously received by the executive from congress: And that in all such cases, the governor, with the advice of the council of state, shall, and he is hereby empowered, to send for the person and papers of any foreigner within this state, in order to obtain such information as he may judge necessary. All sheriffs and jailers shall receive such suspicious persons whom, by warrant from the governor they shall be commanded to receive, and them in their prisons or custody detain, or transport out of the commonwealth, as by such warrant they may be commanded. And all others the good citizens of this commonwealth, shall be aiding and assisting in apprehending, securing or transporting any such suspicious person, when commanded by warrant or proclamation of the governor, or required by the sheriff or jailer to whose custody such suspicious persons may have been committed. Every person acting under the authority aforesaid, shall be indemnified from all suits to be commenced or prosecuted for any action or thing done by virtue thereof, and may plead the general issue, and give this act in evidence: Saving always to the merchants of any foreign state, betwixt whom the United States of America war shall have arisen, and to their families, agents, and servants, found in this commonwealth at the beginning of the war, the privileges allowed by law.


Title: From James Madison to James Monroe, 17 December 1785
From: Madison, James
To: Monroe, James

Dear Sir
Richmond Decr. 17–1785
Since my last by the preceding post the fate of the Assize laws has been determined by a negative in the H. of Delegates on the Bill on which its execution depended. The majority consisted of 63 agst. 49. A reform of the County Courts is the substitute proposed by the adversaries of the Assize, and if it can be put into any rational shape, will be received by the other side as auxiliary to the Assize plan which may be resumed at another Session. It is surmised that the Senate will not part with this plan in any event, and as the law passed at the last Session, unless repealed or suspended, stops the proceedings of the Genl. Court after the 1st. day of Jany. a bill must be sent to the Senate which will give them an opportunity of proposing some amendment which may revive the question at the present Session. Our progress in the Revisal has been stopped by the waste of time produced by the inveterate and prolix opposition of its adversaries & the approach of Christmas. The Bill proportioning crimes & punishments was the one at which we stuck after wading thro’ the most difficult parts of it. A few subsequent bills however were excepted from the postponement. Among these was the Bill for establishing Religious freedom, which has got thro’ the H. of Delegates without alteration, though not without warm opposition. Mr. Mercer & Mr. Corbin were the principal combatants against it. Mr. Jones is well. With sincerity I am Yr. affe. friend
J. Madison Jr.


Title: Bill Providing for Installment Payments on British Debts, 19 December 1785
From: Madison, James
To:

[19 December 1785]
Whereas by the 4th art: of the Definitive Treaty of peace between the U. S. of America & G. B. it was stipulated among other things by the contracting parties, “that Creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money of all bona fide debts heretofore contracted”. Be it therefore enacted by the Genl. Assembly that so much of all Acts of Assembly and ordinances of Convention made since the 19th. day of April 1775, as disable British subjects from prosecuting for the recovery of debts due from the Citizens of this Commonwlth, shall be and the same are hereby repealed: and that from and after the passing of this act, the said British subjects may sue and implead the Citizens of this Commonwlth in like manner as if such disabling acts or ordinances had never passed. Provided always, that in consideration of the almost total suspension of Commerce and the depredations of the Enemy during the late war, which render an immediate discharge of the whole of the said debts impracticable, the same so far as they become due before the day of the date of the provisional articles of peace, may be discharged by  equal payments; the first of which shall be demandable on the day of  in the year  and the remaining payments successively on the same day in the  years next following: But no interest on any debt due to any British subject from any Citizen of this Comonwlth shall be allowed for any intermediate time between the 19th. day of April 1775 and the 3d. day of March 1783, which intermediate time shall be considered in law as one day only in all matters depending between the said British Creditors and Citizens of this Commonwealth.
And whereas in many instances the Agents or Factors for British Merchants who remained here during the late war may have settled the Accounts of such Merchants with their debtors since the 19th day of April 1775, and taken bonds or [ot]her specialties therefor in specie in their own or such Merchants names, for the principal sum [d]ue, or for the Principal and interest together, whereby it may appear that such bonds or specialties were due to Citizens of this Commonwealth. Be it enacted that all Bonds, or other Specialties given to Citizens or others for any debt or debts due to British subjects since the said 19th day of April 1775 and prior to the  day of  shall be considered as British Debts [and] shall be recoverable as such only, and shall carry no interest during the period between the 19th day of April 1775 and the 3d. day of March 1783.
And be it further enacted that any of the said British debts which have been adjusted since the said 3d. day of March 1783, and bonds and other specialties given therefor, shall be discharged by way of the instalments aforesaid, notwithstanding their subsequent date to the said 3d. day of March 1783 and if any part of the specialty so given shall be for interest allowed between the 19th. day of April 1775, and the 3d. day of March 1783, the same so far as it shall be for such interest shall be and is hereby declared null and void.
And be it further enacted that if the Creditor is put to his Action at law for any balance due to him, execution on the Jdgt. when obtained shall issue for such proportion only of the same as shall have accrued at the time of rendering the Jdgt. according to the periods of payment heretofore established; and execution for the residue may issue annually until the whole shall be discharged, without any further proceedings on the said Jdgt.: provided always that the person agst. whom such Jdgt. shall be obtained shall in open Court with one or more sufficient sureties enter into recognizance for payment of such Jdgt. in the proportions and at the times prescribed by this Act: and in default thereof execution may issue for the full amount of such Jdgt. against the person or Estate of such debtor.
And be it further enacted that no Citizen of this Commonwlth who has been a resident within the same since the  day of  and who was a partner with any British Merchant or Merchts. shall be compelled to pay the debts due by such Copartnership otherwise than by instalments as is by this act directed in case of debts due to British subjects from Citizens of this Comonwlth. except for such part or share of such copartnership as may be held by such Citizen, for which he shall remain liable as other Citizens are, and shall also be entitled to recoveries in all respects equally with his fellow Citizens so far as the share held by him shall extend in debts due to such copartnerships.
Provided always and be it further enacted that in case the U S. in Congress shall at any time judge that the execution of this Act, ought for national purposes to be suspended, and shall signify the same it shall and may be lawful for the Governor with advice of the Council of State, by proclamation to suspend the operation of this Act until the next ensuing General Assembly.


Title: Act Concerning Statehood for the Kentucky District, 22 December 1785
From: Madison, James
To:

[22 December 1785]
I. Whereas it is represented to be the desire of the good people inhabiting the district known by the name of the Kentucky district, that the same should be separated from this commonwealth whereof it is a part, and be formed into an independent member of the American confederacy, and it is judged by the general assembly that such a partition of the commonwealth is rendered expedient by the remoteness of the more fertile, which must be the more populous part of the said district, and by the interjacent natural impediments to a convenient and regular communication therewith.
II. Be it enacted by the General Assembly, That in the month of August next, on the respective court days of the counties within the said district; and at the respective places of holding courts therein, representatives to continue in appointment for one year, and to compose a convention with the powers, and for the purposes hereinafter mentioned, shall be elected by the free male inhabitants of each county in like manner as delegates to the general assembly have been elected within the said district, in the proportions following: In the county of Jefferson shall be elected five representatives, in the county of Nelson five representatives, in the county of Fayette five representatives, in the. county of Bourbon five representatives, in the county of Lincoln five representatives, in the county of Madison five representatives, and in the county of Mercer five representatives. That full opportunity may be given to the good people, of exercising their right of suffrage on an occasion so interesting to them, each of the officers holding such elections, shall continue the same from day to day, passing over Sunday, for five days, including the first day, shall cause this act to be read on each day, immediately preceding the opening of the election, at the door of the court-house, or other convenient place, and shall fix up two copies at least of this act in the most public situations at the place of election, twenty days before the commencement thereof. Each of the said officers shall deliver to each person duly elected a representative a certificate of his election, and shall moreover transmit a general return to the clerk of the supreme court of the district, to be by him laid before the convention: For every neglect of any of the duties hereby enjoined on such officer, he shall forfeit one hundred pounds, to be recovered by action of debt, by any person suing for the same. The said convention shall be held at Danville, on the fourth Monday of September, and as soon as two-thirds of the representatives shall be convened, they shall and may proceed, after choosing a president and other proper officers, and settling the proper rules of proceeding, to consider, and by a majority of voices, to determine, whether it be expedient for, and be the will of the good people of the said district, that the same be erected into an independent state, on the terms and conditions following:
First. That the boundary between the proposed state and Virginia, shall remain the same as at present separates the district from the residue of the commonwealth.
Second. That the proposed state shall take upon itself a just proportion of the public debt of this commonwealth.
Third. That all private rights and interests in lands within the said district, derived from the laws of Virginia, prior to such separation, shall remain valid and secure under the laws of the proposed state, and shall be determined by the laws now existing in this state.
Fourth. That the lands within the proposed state of non-resident proprietors, shall not in any case be taxed higher than the lands of residents at any time prior to the admission of the proposed state to a vote by its delegates in congress, where such non-residents reside out of the United States; nor at any time either before or after such admission, where such non-residents reside within this commonwealth, within which this stipulation shall be reciprocal; or where such non-residents reside within any other of the United States, which shall declare the same to be reciprocal within its limits; nor shall a neglect of cultivation or improvement of any land within either the proposed state, or this commonwealth, belonging to non-residents, citizens of the other, subject such non-residents to forfeiture or other penalty, within the term of six years after the admission of the said state into the fœderal union.

Fifth. That no grant of land, nor land warrant to be issued by the proposed state, shall interfere with any warrant heretofore issued from the land-office of Virginia, which shall be located on land within the said district now liable thereto, on or before the first day of September, one thousand seven hundred and eighty-eight.
Sixth. That the unlocated lands within the said district, which stand appropriated by the laws of this commonwealth to individuals or descriptions of individuals, for military or other services, shall be exempt from the disposition of the proposed state, and shall remain subject to be disposed of by the commonwealth of Virginia, according to such appropriation, until the first day of September, one thousand seven hundred and eighty-eight, and no longer; and thereafter the residue of all lands remaining within the limits of the said district, shall be subject to the disposition of the proposed state.
Seventh. That the use and navigation of the river Ohio, so far as the territory of the proposed state, or the territory which shall remain within the limits of this commonwealth lies thereon, shall be free and common to citizens of the United States; and the respective jurisdictions of this commonwealth, and of the proposed state, on the river as aforesaid, shall be concurrent only with the states which may possess the opposite shores of the said river.
Eighth. That in case any complaint or dispute shall at any time arise between the commonwealth of Virginia and the said district, after it shall be an independent state, concerning the meaning or execution of the foregoing articles, the same shall be determined by six commissioners, of whom two shall be chosen by each of the parties, and the remainder by the commissioners so first appointed.
III. And be it further enacted, That if the said convention shall approve of an erection of the said district into an independent state, on the foregoing terms and conditions, they shall and may proceed to fix a day posterior to the first day of September, one thousand seven hundred and eighty-seven, on which the authority of this commonwealth, and of its laws, under the exceptions aforesaid, shall cease and determine for ever, over the proposed state, and the said articles become a solemn compact, mutually binding on the parties, and unalterable by either without the consent of the other.
Provided however, That prior to the first day of June, one thousand seven hundred and eighty-seven, the United States in congress shall assent to the erection of the said district into an independant state, shall release this commonwealth from all its fœderal obligations arising from the said district, as being part thereof; and shall agree that the proposed state shall immediately after the day to be fixed as aforesaid, posterior to the first day of September, one thousand seven hundred and eighty-seven, or at some convenient time future thereto, be admitted into the fœderal union. And to the end that no period of anarchy may happen to the good people of the proposed state, it is to be understood that the said convention shall have authority to take the necessary provisional measures for the election and meeting of a convention at some time prior to the day fixed for the determination of the authority of this commonwealth, and of its laws over the said district, and posterior to the first day of June, one thousand seven hundred and eighty-seven, aforesaid, with full power and authority to frame and establish a fundamental constitution of government for the proposed state, and to declare what laws shall be in force therein, until the same shall be abrogated or altered by the legislative authority acting under the constitution, so to be framed and established.
IV. This act shall be transmitted by the executive to the delegates representing this commonwealth in congress, who are hereby instructed to use their endeavors to obtain from congress a speedy act, to the effect above specified.


Title: From James Madison to James Madison, Sr., 24 December 1785
From: Madison, James
To: Madison, James, Sr.

Richmond Decr. 24. 1785.
My last informed you of the miscarriage of the Assize scheme. It has been followed with an attempt to reform the County Courts, which will probably end in the appointment of four months in which the Courts shall be confined to Docket business & compelled to dispatch it. A Bill is depending for the payment of British debts, nearly on the model of that which fell thro’ last year. It is extremely grating and will be rejected unless the prospect of an accomodation with G. B. on the subject of the Posts & the Negroes, or the apprehensions of being saddled with worse terms by delay, should overcome the disinclination. The port bill has not been yet taken up. It will be severely attacked. We have a variety of orders of the day which will consume time, and other bills are to be brought in. Of course the end of the Session is remote, unless impatience should produce the same effect as a conclusion of the business. The petition of the little fork has been just rejected, by a general vote. I have not yet disposed of your Tobo. The price has not latterly exceeded I believe four dollars, and I am told to day that 20/. is talked of. I have never yet had it in my power to make the enquiries at the land office, or to get out your patents. Capt Barbour tells me he has been there and could not get the information relative to Turpin without a knowledge of some dates which you have not mentioned to him or to me. If you have any unliquidated claims agst. the U. S. that can be settled by the Commissrs. before the 1st. day of Jany., or loan office certificates issued from the Cont. Office here, the interest up to Decr. 1782 will be paid at the Treasy. in specie. Let this circumstance be known if you please, tho’ I suppose it will be too late. It may be of the less consequence, as such warrants for interest will in future be receivable in Taxes. The Quitrents for the Northern Neck are abolished by a bill which is gone up to the Senate. The Bill for establishing Religious freedom passed the H. of Delegates as it stands in the Revised Code. The Senate have disagreed to the preamble and substituted the last article of the Declaration of Rights. Which house is to recede, is uncertain. Both are much attached to their respective ideas. Capt: Barbour tells me Payne has engaged his brother Js. B. to pay the money due to you. I wish you could let Majr. Moore have about £18 of it, the amount of his interest on the certificate obtained from Dunscomb by Mr. Hubbard Taylor & left with me. Let me know whether such an arrangement will be practicable. Be kind eno’ also to let Capt Walker & my brother F. know that I am called on for their balances to the Steward of Hampden Sidney by a man here who has an order on me for them. Present my regards to the family, and believe me to be your Affece. Son
J. Madison Jr.


Title: From James Madison to James Monroe, 24 December 1785
From: Madison, James
To: Monroe, James

Dear Sir
Richmond Decr. 24. 1785
The proceedings of the Assembly since my last dated this day week have related 1. to the Bill for establishing Religious freedom in the Revisal. 2. a Bill concerning British debts 3. a Bill concerning the Proprietary interest in the Northern Neck. 4. for reforming the County Courts. The first employed the H. of Delegates several days; The preamble being the principal subject of contention. It at length passed without alteration. The Senate I am told have exchanged after equal altercation. The preamble of the revisal for the last clause in the Declaration of Rights; an exchange wch. was proposed in the H. of D. and negatived by a Considerable Majority. I do not learn that they have made or will make any other alteration. The Bill for the payment of British debts is nearly a transcript of that which went thro’ the two Houses last year, except that it leaves the periods of instalment blank and gives the Creditor an opportunity of taking immediate execution for the whole debt if the debtor refuses to give security for complying with the instalments. The Bill was near being put off to the next Session on the second reading. A majority were for it, but having got inadvertently into a hobble, from the manner in which the question was put, the result was that Monday next should be appointed for its consideration. The arrival & sentiments of Col: Grayson will be favorable to some provision on the subject. A clause is annexed to the Bill authorizing the Executive to suspend its operation in case Congs. shall signify the policy of so doing. The general cry is that the Treaty ought not to be executed here until the posts are surrendered, and an attempt will be made to suspend the operation of the Bill on that event or at least on the event of a positive declaration from Congs. that it ought to be put in force. The last mode will probably be fixed on, notwithstanding its departure from the regular course of proceedings, and the embarrassment in which it may place Congress. The bill for reforming the County Courts proposes to select five Justices, who are to sit quarterly, be paid scantily, and to possess the Civil Jurisdiction of the County Courts, and the Criminal jurisdiction of the Genl. Court under certain restrictions. It is meant as a substitute for the Assize system, to all the objections against which it is liable, without possessing its advantages. It is uncertain whether it will pass at all, or what form it will finally take. I am inclined to think it will be thrown out. The Bill relating to the N. Neck passed the H. of D. yesterday. It removes the records into the Land Office, here, assimilates locations of surplus land to the general plan, and abolishes the Quitrent. It was suggested that the latter point was of a judiciary nature, that it involved questions of fact, of law, and of the Treaty of peace, and that the Representatives of the late proprietor ought at least to be previously heard according to the request of their agent. Very little attention was paid to these considerations, and the bill passed almost unanimously. With sincere affection I am Your friend & Servt.
J. Madison Jr.


Title: Act Ratifying the Chesapeake Compact with Maryland, [ca. 24–26 December] 1785
From: Madison, James
To:

[ca. 24–26 December 1785]
I. Whereas, at a meeting of the commissioners appointed by the general assembly of the state of Maryland and Virginia, to wit: Daniel of St. Thomas Jenifer, Thomas Stone, and Samuel Chase, esquires, on the part of the state of Maryland, and George Mason and Alexander Henderson, esquires, on the part of the state of Virginia, at Mount-Vernon, in Virginia, on the 28th day of March, in the year one thousand seven hundred and eighty-five, the following compact was mutually agreed to by the said commissioners:
First. The commonwealth of Virginia disclaims all right to impose any toll, duty, or charge, prohibition or restraint, on any vessel whatever sailing through the capes of Chesapeake bay to the state of Maryland, or from the said state through the said capes outward bound; and agrees that the waters of Chesapeake bay, and the river Pocomoke, within the limits of Virginia, be forever considered as a common highway, free for the use and navigation of any vessel belonging to the said state of Maryland, or any of its citizens, or carrying on any commerce to or from the said state, or with any of its citizens; and that every such vessel inward or outward bound, may freely enter any of the rivers within the commonwealth of Virginia as a harbour, or for safety against an enemy, without the payment of port duties, or any other charge; and also, that the before mentioned parts of Chesapeake bay, and Pocomoke river, be free for the navigation of vessels from one part of the state of Maryland to another.
Second. The state of Maryland agrees that any vessel belonging to the commonwealth of Virginia, or any of its citizens, or carrying on commerce to or from the said commonwealth, or with any of its citizens, may freely enter any of the rivers of the said state of Maryland as a harbour, or for safety against an enemy, without the payment of any port duty, or other charge.
Third. Vessels of war, the property of either state, shall not be subject to the payment of any port duty or other charge.

Fourth. Vessels not exceeding forty feet keel, nor fifty tons burthen, the property of any citizen of Virginia or Maryland, or of citizens of both states, trading from one state to the other only, and having on board only the produce of the said states, may enter and trade in any part of either state, with a permit from the naval-officer of the district from which such vessel departs with her cargo, and shall be subject to no port charges.
Fifth. All merchant vessels (except such as are described in the fourth article) navigating the river Potowmack, shall enter and clear at some naval office on the said river, in one or both states, according to the laws of the state in which the entry shall be made. And where any vessel shall make an entry in both states, such vessel shall be subject to tonnage in each state only in proportion to the commodities carried to, or taken from, such state.
Sixth. The river Potowmack shall be considered as a common highway, for the purpose of navigation and commerce to the citizens of Virginia, and Maryland, and of the United States, and to all other persons in amity with the said states, trading to or from Virginia or Maryland.
Seventh. The citizens of each state respectively shall have full property in the shores of Potowmack river adjoining their lands, with all emoluments and advantages thereunto belonging, and the privilege of making and carrying out wharves and other improvements, so as not to obstruct or injure the navigation of the river; but the right of fishing in the river shall be common to, and equally enjoyed by the citizens of both states. Provided, That such common right be not exercised by the citizens of the one state, to the hindrance or disturbance of the fisheries on the shores of the other state; and that the citizens of neither state shall have a right to fish with nets or seines on the shores of the other.
Eighth. All laws and regulations which may be necessary for the preservation of fish, or for the performance of quarantine, in the river Potowmack, or for preserving and keeping open the channel and navigation thereof, or of the river Pocomoke, within the limits of Virginia, by preventing the throwing out ballast, or giving any other obstruction thereto, shall be made with the mutual consent and approbation of both states.
Ninth. Light houses, beacons, buoys, or other necessary signals, shall be erected, fixed, and maintained upon Chesapeake bay, between the sea and the mouths of the rivers Potowmack and Pocomoke, and upon the river Potowmack, at the expence of both states. If upon Potowmack river, at the joint and equal charge of both states; and if upon the before mentioned part of Chesapeake bay, Virginia shall defray five parts, and Maryland three parts of such expence; and if this proportion shall in future times be found unequal, the same shall be corrected. And for ascertaining the proper places, mode, and plans for erecting and fixing light houses, buoys, beacons and other signals, as aforesaid, both states shall upon the application of either to the other, appoint an equal number of commissioners, not less than three nor more than five from each state, to meet at such times and places as the said commissioners or a major part of them, shall judge fit, to fix upon the proper places, mode, and plans for erecting and fixing such light houses, beacons, or other signals, and report the same, with an estimate of the expence, to the legislatures of both states, for their approbation.
Tenth. All piracies, crimes or offences committed on that part of Chesapeake bay which lies within the limits of Virginia, or that part of the said bay where the line of division from the south point of Potowmack river (now called Smith’s Point) to Watkins’s Point, near the mouth of Pocomoke river, may be doubtful; and on that part of Pocomoke river, within the limits of Virginia, or where the line of division between the two states upon the said river, is doubtful, by any persons not citizens of the commonwealth of Virginia, against the citizens of Maryland, shall be tried in the court of the state of Maryland which hath legal cognizance of such offence. And all piracies, crimes, and offences committed on the before mentioned parts of Chesapeake bay and Pocomoke river, by any persons not citizens of Maryland, against any citizen of Virginia, shall be tried in the court of the commonwealth of Virginia which hath legal cognizance of such offence. All piracies, crimes, and offences committed on the said parts of Chesapeake bay and Pocomoke river, by persons not citizens of either state, against persons not citizens of either state, shall be tried in the court of the commonwealth of Virginia having legal cognizance of such offences: And all piracies, crimes, and offences committed on the said parts of Chesapeake bay and Pocomoke river, by any citizen of the commonwealth of Virginia, or of the state of Maryland, either against the other, shall be tried in the court of that state of which the offender is a citizen. The jurisdiction of each state over the river Potowmack, shall be exercised in the same manner as is prescribed for the before mentioned parts of Chesapeake bay and Pocomoke river, in every respect, except in the case of piracies, crimes, and offences committed by persons not citizens of either state, upon persons not citizens of either state, in which case the offenders shall be tried by the court of the state to which they shall first be brought. And if the inhabitants of either state shall commit any violence, injury, or tresspass, to or upon the property or lands of the other, adjacent to the said bay or rivers, or to any person upon such lands, upon proof of due notice to the offender to appear and answer, any court of record, or civil magistrate of the state where the offence shall have been committed, having jurisdiction thereof, may enter the appearance of such person, and proceed to trial and judgment, in the same manner, as if legal process had been served on such offender; and such judgment shall be valid and effectual against the person and property of such offender, both in the state where the offence shall have been committed, and also in the state where the said offender may reside, and execution may be issued by the court, or magistrate, giving such judgment, in the same manner as upon judgments given in other cases; or upon a transcript of such judgment, properly authenticated, being produced to any court; or magistrate, of the state where such offender may reside, having jurisdiction within the state, or county where the offender may reside, in cases of a similar nature, such court, or magistrate, shall order execution to issue upon such authenticated judgment in the same manner, and to the same extent, as if the judgment had been given by the court, or magistrate, to which such transcript shall be exhibited.
Eleventh. Any vessel entering into any port on the river Potowmack, may be libelled, or attached for debt, by process from the state in which such vessel entered. And if the commercial regulations of either state shall be violated by any person carrying on commerce in Potowmack or Pocomoke rivers, the vessel owned or commanded by the person so offending, and the property on board, may be seized, by process from the state whose laws are offended, in order for trial. And if any person shall fly from justice, in a civil or criminal case, or shall attempt to defraud creditors by removing his property, such person, or any property so removed, may be taken on any part of Chesapeake bay, or the rivers aforesaid, by process of the state from which such person shall fly, or property be removed; and process from the state of Virginia may be served on any part of the said rivers, upon any person, or property of any person not a citizen of Maryland, indebted to any citizen of Virginia, or charged with injury having been by him committed; and process from the state of Maryland may be served on any part of the said rivers, upon any person, or property of any person, not a citizen of Virginia, indebted to a citizen of Maryland, or charged with injury by him committed. And in all cases of trial in pursuance of the jurisdiction settled by this compact, citizens of either state shall attend as witnesses in the other, upon a summons from any court, or magistrate, having jurisdiction, being served by a proper officer of the county where such citizen shall reside.
Twelfth. The citizens of either state having lands in the other, shall have full liberty to transport to their own state, the produce of such lands, or to remove their effects, free from any duty, tax, or charge whatsoever, for the liberty to remove such produce or effects.
Thirteenth. These articles shall be laid before the legislatures of Virginia and Maryland, and their approbation being obtained, shall be confirmed and ratified by a law of each state, never to be repealed, or altered, by either, without the consent of the other.
II. And whereas this general assembly are of opinion that the said compact is made on just and mutual principles for the true interest of both governments, and the same having been confirmed by the general assembly of the state of Maryland: Be it therefore enacted, That the said compact is hereby approved, confirmed, and ratified by the general assembly of Virginia, and that every article, clause, matter and thing therein contained, shall be obligatory on this state and the citizens thereof, and shall be forever faithfully and inviolably observed and kept by this government and all its citizens, according to the true intent and meaning of the said compact; and the faith and honour of this state is hereby solemnly pledged and engaged to the general assembly of the state of Maryland, and the government and citizens thereof, that this law shall never be repealed, or altered, by the legislature of this commonwealth, without the consent of the state of Maryland.


Title: To James Madison from James Madison, Sr., 24 December 1785
From: Madison, James, Sr.
To: Madison, James

24 December 1785. Mentioned by JM in his answer of 27 December. His father apparently raised a question about the petition for a final settlement of the Harry Beverley estate.


Title: To James Madison from James Monroe, 26 December 1785
From: Monroe, James
To: Madison, James

Dear Sir
New York Decr. 26 — 1785.
Your favor of the 9th. reach’d me a few days since. Mine by the last post advis’d you of my arrival here; still I am with out a colleague and the representation of the States, the same. I am perfectly satisfied that the more fully the subject is investigated, and the better the interests of the States severally are understood, the more obvious will appear the necessity of commiting to the U S. permanently the power of regulating their trade. Whether it will be expedient to accept it for a limited time only it is difficult to determine. If it is expedient for a day, while the States bear the relation they now do to each other & to other powers, or rather while they adjoin each other & are bounded by the ocean, it will still be so. Whether then will it be expedient to avail ourselves of the present disposition so far only as to try an experiment, the success of wh., as such, must depend upon a variety of circumstances, or to delay any remedy untill under the pressure of the present difficulties it may be made complete? As an experiment in what light will it be conceiv’d & how treated by foreign powers. Will they not all wish to defeat it and of course avoid those stipulations in our favor wh. may hereafter furnish arguments for its renewal. We may with propriety also take into the consideration the diversity of interest wh. will arise in the admission of western States into the confideracy. In a govt. also so fluctuating there will never be energy, or calculation on it either at home or abroad, everything will be in a state of incertainty. The states severally will be at a loss how to act under it (in thier respective delegations); they will fear to take those decisive measures with respect to other powers, wh. might be necessary, least their vigorous operation, may prevent its renewal — but whether these or any other considerations, may be of sufficient weight to induce us to seek only a permanent change, is what I have not absolutely determin’d on. I beg of you to give me your sentiments thereon as well as of the course you think I may with propriety take here, provided the State shod. confide it only for a limited time.
Some dispatches have lately been recd. from Adams. They are as we expected they wd. be. Pit[t] admits that the removal of the negroes is a violation of the [treaty.] Th[at] when the number is ascertaind they must pay for them. That they will take up the subject of the posts with that of the debts. Yet he says that the whol[e] nation are host[ile] to us — that they will give us no commercial treaty, that they have sent out Sir J Johnson for Canada with entrentching to[o]ls &ca. This is the amt. of what we have, nor can I well determine how you shod. act under it. If it be practicable to carry into effect, a complete co[m]plyance on our part, let their conduct be as it may, I shod. not hesit[ate] to adopt it. But if this is not the case, I cannot well conceive the [ad]vantage of a partial complyance, or the paymt. by instalment, [as] hath been heretofore propos’d. If they mean to quarrell, their grou[nd] for it will be equally justifiable, in that instance, as in an absolu[te] failure. And if the end we seek, is to be obtain’d by further neg[o]tiation, or by bargain of one for the other, by this measure we lose the consideration we shod. have to give for it. In all the measures of this country toward us we perceive not only the utmost vigilance & attention to their own interest in opposition to ours, but a disposition to seek opportunities to injure us. They restrict us most severely in commerce, give land, & provision to our fishermen to settle within their bounds, and we have too much reason to suspect that they encourage the Algerines to attack us. In this situation to whom may we look for assistance even agnst these pirates. The monopoly of the trade of the medeteranean is in the hands of France, Britain & the Netherlands; will they or either of them, give up this advantage, for our convenience for nothing. Is it not strange in this situation that we shod. be disputing whether we shall act together or cement & strengthen the Union.
There hath been a newspaper controversy here between Mr. Jay & Mr. Littlepage of our State, upon some subject of a private nature between them. As I have not read their publications I am unacquainted with the merit of either party. It is however to be lamented that Mr. Jay enter’d into a controversy of this kind, since his character is too well establish’d to be call’d in question upon any unimportant or trivial occasion. Be so kind as [to] give no intimation to anyone except, Mr. Jones, of the contents of what I have wrote you in cypher. I am Dear Sir your friend & servant
Jas. Monroe.

P S. Is the revenue law in any respect chang’d — are the facilities of other States admissible in payment of taxes — or rather is it accomodated to all the purposes of the requisition? Our ministers are taking measures with the regencies of Algiers &ca. It is sd. that Mr. Consul Barclay, a Mr. Lambe & Majr. Franks are sent to these different powers for this purpose, but the latter I think is not confirm’d by an official communication.


Title: From James Madison to James Madison, Sr., 27 December 1785
From: Madison, James
To: Madison, James, Sr.

Hond Sir
Richmond Decr. 27. 1785
Mr. Js. Davis has just handed your favor of the 24. inst. It is too late to revise the proceedings relative to the Trustees of Beverley. The Act authorises the Commssrs who are to settle your accounts to make a reasonable allowance for your trouble. I cannot get a copy of the Act without paying the £10. Capt. P. Barbour will inform you of Dean’s answer to his application. He carried a letter from me giving you an acct. of the latest proceedings of the Assembly. Nothing of consequence has been done since. It is uncertain when we shall rise. If an opportunity should offer, I shall be glad of the fresh butter at all events. I am with best regards to the family Yr: affe. Son.
J. Madison Jr.


Title: Notes on Charters of Incorporation, [January?] 1786
From: Madison, James
To:

Editorial Note
Neither the time, place, nor exact topic of these notes can be fixed with certainty. JM apparently jotted down the main ideas of two acquaintances, possibly Edmund Randolph and John Marshall, and in all likelihood at the time when a repeal of the act incorporating the Protestant Episcopal church was under consideration by the House of Delegates. If JM made these notes after hearing an informal discussion of the legal points involved, he may have wanted to keep a record of the main points brought forth by two respected lawyers concerning the alleged favoritism of the General Assembly toward the Protestant Episcopal church. John Marshall was not a delegate to the General Assembly at either the 1785 or 1786 sessions, but it seems reasonable to assume that JM valued his ideas on the subject, which arose in January 1786 when an effort was made in the legislature to amend the incorporation act passed at the October 1784 session. JM might have taken the notes for his own reference for the matter was sure to come up again, and did at the next session when the earlier act was repealed (JHDVJournal of the House of Delegates of the
          Commonwealth of Virginia; Begun and Held at the Capitol, in the City of Williamsburg.
        Beginning in 1780, the portion after the semicolon reads, Begun and
          Held in the Town of Richmond. In the County of Henrico. The journal for each session
        has its own title page and is individually paginated. The edition used is the one in which
        the journals for 1777–1786 are brought together in two volumes, with each journal published
        in Richmond in either 1827 or 1828 and often called the “Thomas W. White reprint.”, Oct. 1785, pp. 141, 143; Hening, StatutesWilliam Waller Hening, ed., The Statutes at
          Large; Being a Collection of All the Laws of Virginia, from the First Session of the
          Legislature, in the Year 1619 (13 vols.; Richmond and Philadelphia, 1819–23)., XII, 266–67).

[January 1786?]

Mr R
Original policy of corporations
—————
necessity in large Cities from 1. [licen]tiousness of Crowded people 2. Commercial Cities where [many?] of different nations
—————
Repeal of Charter never conl   1: collective Charter
rights same as individual patent right
 2. example of Maryld. & Pen[nsylvania]
 3. difference between giving & receiving
 4. Recognition of Chart: by Constn.
 5. comparison of case to Right of Suff[rage]
 6. Tyranical acts of G. B. & Ch […]
 7. suspension of Charter of N. Y. & Mas[s.] by Parliamt.
 8. disfranchisement of […] & […] Gr[…] not precedents because all rig[hts] perhaps then in dissolution
 9. power of parlt. on this head referd. by Blackstone its omnipotence
10. Bank of England Chart: not perpetu[al] lest Parlt. be precluded
11. Cases of River Companies
12. Case of W & M. — as respectg their lan[ds]
13. Assembly may abridg Salary of Judge, but not take away of
14. Bill dissolves corporation. Consequences: 1. Property reverts 2. dbt cannot be paid. 3. Renewal not of itself adequate
—————————————————————————
Mr Marshall
Has Assembly the power?

 1. Nature of Charter that gives property either in visible things or in Righ[ts] or privileges valuable.
 2. action may be brot vs. & by Corporation
 3. attempt vs individl of Corporation wd be same & wd. alarm
 4. vested Right of any sort cannot be touched.
 5. Laws of incorpn. distinct from general laws & not like them repealable: being compacts between two parties.
 6. examples. 1. case of freehold granted to individual 2. Citizenship granted to Mr. Fa[y]ette 3 Charter to Rumsey
 7. Irrevocable […] for party [interested in?] corporation

 8. 1. Art. of bill [of] Rights. There are certain rights not alienable. note. people of Norfolk the to[ries?] by […] vs. Corporation […]
 9. Marq. Becca. laws are to be general, & not to affect—to In[di]vidual only such power not being given in[formation?] of power—
10. If sense of people, Legislature may interpose—sense not yet expressed by majority.


Title: Resolution for Printing and Distributing Session Laws, [18 January] 1786
From: Madison, James
To:

[18 January 1786]
Resolved, That so soon as the copies of the laws allotted to the several counties, other than the counties in Kentucky, shall be printed, the same be distributed under the order of the Executive, by expresses, who shall be paid out of the contingent fund.


Title: From James Madison to Ambrose Madison, 21 January 1786
From: Madison, James
To: Madison, Ambrose

Dr. Brother
Richmond Jany. 21. 1786
The Assembly will rise this evening. Have my horses sent if you please as early as you can. If any fresh butter has been procured or should be on hand & Anthony can bring it, I shall be glad of it, not immediately on my own acct. but as it will enable me to return Civilities which can not be so well discharged any other way. Yr. letter by Col. Burnley never came to hand, nor have I rec’d. any acct. from you since early in the Session. The price of Tobo. continues at abt. 24/. I have a late letter from Philada. which informs me it remains there much as it has done for a considerable time past. There can not possibly be risk in taking it here at the current price, or at its rise within a reasonable period. FitzPatrick is to carry to my fathers 2 Trunks of books lately recd. from Havre de Grace and a box with a few others and some of my Cloathes. I purpose to make up his load with salt. If there sd. be any appearance of wet on the box or Trunks it will be proper to open them. Yrs.
J. Madison Jr.


Title: Resolution Authorizing a Commission to Examine Trade Regulations, 21 January 1786
From: Madison, James
To:

Editorial Note
This resolution which paved the way for the Annapolis convention of 1786 was not written by JM even though circumstantial evidence and speculating historians have given him the credit. The summary of evidence on authorship of the resolution in Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of
          Thomas Jefferson (18 vols. to date; Princeton, N. J., 1950——)., IX, 206–8, presents a logical case. Despite JM’s claim, made in 1804, that he introduced the resolution, Boyd’s argument concludes that John Tyler wrote it after an effort to transfer some of the state regulatory powers over commerce to Congress had stagnated in the House of Delegates (JM to Noah Webster, 12 Oct. 1804 [DLC]). JM himself attributed the resolution of 21 January, introduced and passed on the last day of the session, to Tyler, when the fact was not then twenty-four hours old (JM to Jefferson, 22 Jan. 1786). Indeed, JM was not convinced the plan to convene the several states for a commercial conference was a good one, and he suspected it was being patronized by half-hearted localists. He thought it would “probably miscarry” but considered it “better than nothing.” Still, the resolution had the effect of informing the country that lassitude had not overcome its political machinery. News of the convention call was printed in the Pa. Packet on 7 Feb. 1786 and spread by other newspapers. The reaction in most state legislatures proved more favorable than JM had supposed possible. Thus by the next summer, he became more optimistic when eight states had appointed deputies as a result of Governor Henry’s circular invitation. Clearly by this time JM realized that the stakes were higher than mere achievement of interstate harmony. “Gentlemen both within & without Congs. wish to make this Meeting subservient to a plenipotentiary Convention for amending the Confederation,” he wrote Jefferson (12 Aug. 1786 [DLC]).

In the House of Delegates. January 21st 1786
Resolved that Edmund Randolph, James Madison jr., Walter Jones, St George Tucker, Meriwether Smith ⟨David Ross, William Ronald & George Mason⟩ Esqrs be appointed Commissioners, who, or any three ⟨five⟩ of whom shall meet such Commissioners as may be appointed by the other States in the Union at a time and place to be agreed on, to take into Consideration the Trade of the United States to examine the relative situations and trade of the said States, to consider how far an uniform System in their Commercial regulations may be necessary to their common Interest and their permanent Harmony, and to report to the several States such an act relative to this great Object as, when unanimously ratified by them will enable the United States in Congress assembled effectually to provide for the same. That the said Commissioners shall immediately transmit to the several states Copies of the preceeding resolution with a circular Letter requesting their Concurrence therein, and proposing a time and place for the meeting aforesaid.


Title: From James Madison to John Francis Mercer, ca. 21 January 1786
From: Madison, James
To: Mercer, John Francis

ca. 21 January 1786. Acknowledged by Mercer in his letter to JM, 28 March 1786. It apparently contained a commentary on the October 1785 session of the House of Delegates.


Title: Pay Voucher as Delegate to the General Assembly, [28 January] 1786
From: Commonwealth of Virginia
To: Madison, James

[28 January 1786]
Comwlth of Virga. to Js. Madison Jr. Orange
Novr. Session.

To Attendance as Delegate to 21. Jany. 21. 1786. inclusive 89 days
£44.10

To travelling to & from Richmond 150 Miles
3 —

    £47.10

Entered
J Beckley C. h. d.


Title: To James Madison from Samuel House, ca. 1–8 February 1786
From: House, Samuel
To: Madison, James

   Letter not found.

ca. 1–8 February 1786. Mentioned in JM to Eliza Trist, 14 March 1786, and probably contained a dismal report by House on his sister’s health.


Title: From James Madison to James Monroe, 4 February 1786
From: Madison, James
To: Monroe, James

   Letter not found.

4 February 1786. Recorded in “Letters from J. M. [to] Mr. Monroe” (DLC) as “unimportant.”


Title: To James Madison from Thomas Jefferson, 8 February 1786
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Paris Feb. 8. 1786.
My last letters have been of the 1st. & 20th. of Sep. and the 28th. of Oct. yours unacknoleged, are of Aug. 20. Oct. 3. & Nov. 15. I take this the first safe opportunity of inclosing you the bills of lading for your books, & two others for your name sake of Williamsburgh & for the attorney which I will pray you to forward. I thank you for the communication of the remonstrance against the assessment. Mazzei who is now in Holland promised me to have it published in the Leyden gazette. It will do us great honour. I wish it may be as much approved by our assembly as by the wisest part of Europe. I have heard with great pleasure that our assembly have come to the resolution of giving the regulation of their commerce to the federal head. I will venture to assert that there is not one of it’s opposers who, placed on this ground, would not see the wisdom of this measure. The politics of Europe render it indispensably necessary that with respect to every thing external we be one nation only, firmly hooped together. Interior government is what each state should keep to itself. If it could be seen in Europe that all our states could be brought to concur in what the Virginia assembly has done, it would produce a total revolution in their opinion of us, and respect for us, and it should ever be held in mind that insult & war are the consequences of a want of respectability in the national character. As long as the states exercise separately those acts of power which respect foreign nations, so long will there continue to be irregularities committing by some one or other of them which will constantly keep us on an ill footing with foreign nations.
I thank you for your information as to my Notes. The copies I have remaining shall be sent over to be given to some of my friends and to select subjects in the college. I have been unfortunate here with this trifle. I gave out a few copies only, & to confidential persons, writing in every copy a restraint against it’s publication. Among others I gave a copy to mr Williamos. He died. I immediately took every precaution I could to recover this copy. But by some means or other a book seller had got hold of it. He had employed a hireling translator and was about publishing it in the most injurious form possible. An Abbé Morellet, a man of letters here to whom I had given a copy, got notice of this. He had translated some passages for a particular purpose: and he compounded with the bookseller to translate & give him the whole, on his declining the first publication. I found it necessary to confirm this, and it will be published in French, still mutilated however in it’s freest parts. I am now at a loss what to do as to England. Every thing, good or bad, is thought worth publishing there; and I apprehend a translation back from the French and publication there. I rather believe it will be most eligible to let the original come out in that country, but am not yet decided.
I have purchased little for you in the book way since I sent the catalogue of my former purchases. I wish first to have your answer to that, and your information what parts of those purchases went out of your plan. You can easily say buy more of this kind, less of that &c. My wish is to conform myself to yours. I can get for you the original Paris edition in folio of the Encyclopedie for 620 livres, 35. vols; a good edn. in 39. vols. 4to. for 380 lt and a good one in 39. vols 8vo. for 280 lt. The new one will be superior in far the greater number of articles, but not in all, and the possession of the ancient one has more over the advantage of supplying present use. I have bought one for myself, but wait your orders as to you. I remember your purchase of a watch in Philadelphia. If she should not have proved good, you can probably sell her. In that case I can get for you here, one made as perfect as human art can make it for about 24. louis. I have had such a one made by the best & most faithful hand in Paris. She has a second hand, but no repeating, no day of the month, nor other useless thing to impede and injure the movements which are necessary. For 12. louis more you can have in the same cover, but on the backside, & absolutely unconnected with the movements of the watch, a pedometer which shall render you an exact account of the distances you walk. Your pleasure hereon shall be awaited.
Houdon is returned. He called on me the other day to remonstrate against the inscription proposed for genl. W’s statue. He says it is too long to be put on the pedestal. I told him I was not at liberty to permit any alteration, but I would represent his objection to a friend who could judge of it’s validity, and whether a change could be authorized. This has been the subject of conversations here, and various devices & inscriptions have been suggested. The one which has appeared best to me may be translated as follows. ‘Behold, Reader, the form of George Washington. For his worth, ask History: that will tell it, when this stone shall have yeilded to the decays of time. His country erects this monument: Houdon makes it.’ This for one side. on the 2d. represent the evacuation of Boston with the motto ‘hostibus primum fugatis.’ On the 3d. the capture of the Hessians with ‘hostibus iterum devictis.’ On the 4th. the surrender of York, with ‘hostibus ultimum debellatis.’ This is seising the three most brilliant actions of his military life. By giving out here a wish of receiving mottos for this statue, we might have thousands offered, of which still better might be chosen. The artist made the same objection of length to the inscription for the bust of the M. de la fayette. An alteration of that might come in time still, if an alteration was wished. However I am not certain that it is desireable in either case. The state of Georgia has given 20,000 acres of land to the Count d’Estaing. This gift is considered here as very honourable to him, and it has gratified him much.

I am persuaded that a gift of lands by the state of Virginia to the Marquis de la fayette would give a good opinion here of our character, and would reflect honour on the Marquis. Nor am I sure that the day will not come when it might be an useful asylum to him. The time of life at which he visited America was too well adapted to receive good & lasting impressions to permit him ever to accomodate himself to the principles of monarchical government; and it will need all his own prudence & that of his friends to make this country a safe residence for him. How glorious, how comfortable in reflection will it be to have prepared a refuge for him in case of a reverse. In the mean time he could settle it with tenants from the freest part of this country, Bretagny. I have never suggested the smallest idea of this kind to him: because the execution of it should convey the first notice. If the state has not a right to give him lands with their own officers, they could buy up at cheap prices the shares of others. I am not certain however whether in the public or private opinion, a similar gift to Count Rochambeau could be dispensed with. If the state could give to both, it would be better: but in any event I think they should to the Marquis. C. Rochambeau too has really deserved more attention than he has received. Why not set up his bust, that of Gates, Greene, Franklin in your new Capitol? À propos of the Capitol, do my dear friend exert yourself to get the plan begun on set aside, & that adopted which was drawn here. It was taken from a model which has been the admiration of 16 centuries, which has been the object of as many pilgrimages as the tomb of Mahomet; which will give unrivalled honour to our State, and furnish a model whereon to form the taste of our young men. It will cost much less too than the one begun, because it does not cover one half the Area. Ask if you please, a sight of my letter of Jan. 26. to messrs Buchanan & Hay, which will spare me the repeating it’s substance here.
Every thing is quiet in Europe. I recollect but one new invention in the arts which is worth mentioning. It is a mixture of the arts of engraving & printing, rendering both cheaper. Write or draw any thing on a plate of brass with the ink of the inventor, and in half an hour he gives you engraved copies of it so perfectly like the original that they could not be suspected to be copies. His types for printing a whole page are all in one solid peice. An author therefore only prints a few copies of his work from time to time as they are called for, this saves the loss of printing more copies than may possibly be sold, and prevents an edition from being over exhausted. I am with a lively esteem Dear Sir your sincere friend & servant
Th: Jefferson

P. S. Could you procure and send me an hundred or two nuts of the Paccan? They would enable me to oblige some characters here whom I should be much gratified to oblige. They should come packed in sand. The seeds of the sugar maple too would be a great present.


Title: To James Madison from Thomas Jefferson, 9 February 1786
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Paris Feb. 9. 1786
In my letter of yesterday I forgot to inclose one I have received on the subject of a debt due to mr Paradise, and I wish the present letter may reach the bearer of that in time to go by the same conveiance. The inclosed from Doctor Bancroft will explain itself. I add my solicitations to his, not to ask any thing to be done for mr Paradise inconsistent with the justice due to others, but that every thing may be done for him which justice will permit. Your assistance in this either by yourself or by interesting such other person in it as may be more in the way to forward it will oblige Dear Sir Your friend & servant
Th: Jefferson


Title: To James Madison from James Monroe, 9 February 1786
From: Monroe, James
To: Madison, James

Dear Sir
New York Feby. 9. 1786.
I have recd. yours of the day subsequent to the adjournment of the assembly. Since my last the subject of the impost has been taken up; a report made on it some time last year was recommitted & a report being brought in to the following effect viz: that it be earnestly recommended to the States of New York & Georgia, the only States who have fail’d in some degree or other to comply with the recommendation of the 18th. of April 1783., to take it into their immediate Consideration, especially that part wh. respects the impost, & to comply with the same—stating Further that the plans authoriz’d by the confideration have fail’d or are highly inexpedient, viz: requisitions, loans, or emissions of paper bills of credit. It implies a relinquishment of the supplementary funds, and admits the necessity of a further reference to the States & especially R I. to extend their powers upon that subject so as to come up to the recommendation—being taken up it was delay’d & protracted by its advocates, particularly Mr. Pinckney & ultimately (there being but 7. States present for it) postpon’d to take up a motion of his own, to the same effect, but in different language; this is now under consideration & will probably pass to day. This subject hath imploy[ed] Congress for several days, so that nothing else hath been before them since the arrival of Mr. Lee.
I have confer’d with Mr. Scott upon the subject of his lands upon the Mohawk river. I enclose you a draft of a patent in wh. he owns an undivided right to about 8000 acres. He wishes to sell — his terms are, in short payments, by wh. he means abt. one third immediately & the other two thirds in annual payments 20/. New York currency. I have heard that similar land may be obtain’d still cheaper, even of the same tract but of this I am not yet ascertain’d. I believe it will make no difference as to the quantity in the price. He has he says given orders to his agents to dispose of none untill I hear from you. If you are inclin’d to purchase & can spare the time I think you had better come here since perhaps you wod. be able to make a better bargain than any of yr. friends; he says he will have the land divided & sell if you prefer tracts ascertain’d; but I understand this wod. in case you had yr. election, raise a few shillings the price. If you shod. decli[ne] coming I need not inform you that you may command to any purpose you may please any service I can render you. In this instance you had better associate with me Colo. Grayson who will probably be here in a few days. Yr. affey.
Jas. Monroe


Title: To James Madison from Eliza House Trist, 9 February 1786
From: Trist, Eliza House
To: Madison, James

   Letter not found.

9 February 1786. Contained news of Mrs. Trist’s state of health and her proposed trip through various states. Mentioned in JM’s response of 14 March 1786.


Title: From James Madison to Edmund Randolph, ca. 14 February 1786
From: Madison, James
To: Randolph, Edmund

   Letter not found.

ca. 14 February 1786. Mentioned in JM to Jefferson, 18 March 1786, where JM noted the arrival of a letter written by the Attorney General “dated prior to his receipt of mine.” Apparently JM wrote Randolph some time in the middle of February concerning Jefferson’s plea that work on the state capitol should be suspended until his set of plans could be completed and sent to Virginia (Jefferson to JM, 20 Sept. 1785).


Title: To James Madison from Henry Lee, 16 February 1786
From: Lee, Henry
To: Madison, James

My dear Sir
New York 16h. Feby. [1786]
By way of introduction of a correspondence, with a character I love & respect so sincerely, I enclose a report passed yesterday by Congress, the only material business done lately & which proves the dreadful situation of our fœderal government. The report speaks so fully on the subject that I withhold remarks which might [my?] solicitude for the public gives birth to.
We have received some advices from our agent in Madeira which afford some ground to hope success will attend our negotiations with the Barbary powers tho when you consider the enmity which certainly prevails in the British cabinet towards us, their influence with those pirates and our scanty purse, I profess my fears preponderate. Indian affairs do not wear a promising countenance—an additional evil to our many evils, if the spring should open with a war with the savages.
Only eight states are represented. Grayson joined us two days ago, & Monroe becomes Benedict this evening. My best wishes attend you, farewel my friend. Yours truely,
H. Lee Junr


Title: To James Madison from James Monroe, 16 February 1786
From: Monroe, James
To: Madison, James

   Letter not found.

16 February 1786. In this letter, mentioned in JM’s letter of 19 March 1786 to Monroe, Monroe proposed a joint purchase of land in the Mohawk Valley from one Taylor. In the letter he also discussed the possibilities of reforming the Confederation and the inadequate powers of the Virginia commissioners if a convention were to undertake such a reform.


Title: From James Madison to James Monroe, 24 February 1786
From: Madison, James
To: Monroe, James

Dear Sir
Orange Feby. 24th. 1786
Your favor of the 9th. Feby. is just handed to me. Having but a moment to answer it I confine myself to the Paragraph relating to Mr. Scotts proposition. I thank you most sincerely for the attention you have given to my request on that matter. My opinion is not changed with regard to the policy of some such speculation, and I shall revolve well your communications. The difficulty however of commanding money at present even under prospects which in other situations might have been confided in, and the possibility of more eligible dispositions of any resources I may have, are lessons of caution which I must not disregard. It is incumbent on me therefore, whatever latent views I may retain, not to authorize in Mr. Scott any reliance on me which may retard or prevent other negociatiations [sic]. Of this you will be kind enough to apprize him, that he may untie the hands of his Agents if he thinks proper. I shall write again by the first opportunity, which I hope will urge brevity less than the present, remaining in the meantime Yr. affect. friend
J. Madison Jr.


Title: To James Madison from Daniel Carroll, 13 March 1786
From: Carroll, Daniel
To: Madison, James

Dear Sir,
Annapolis March 13th. 1786
Our General Assembly adjournd this day after a Session of 4 Months. The proposition from yr. Assembly, for a meeting of Commissioners, from all the States, to adjust a general commercial System, reach’d us not long before the conclusion of the Session. Our House of Delegates propos’d Commissioners for that purpose. The measure appear’d to the Senate, tho’ undoubtedly adopted by yr. Assembly with the best intentions, to have a tendency to weaken the authority of Congress, on which the Union, & consequently the Liberty, & Safety of all the States depend. We had just receiv’d the Act of Congress of the 15 of Feby last, by which it appears that Body relyes solely on the States complying with their Act of the 10th of Apl. 1783. I am afraid the Idea of Commsrs. meeting from all the States, on the regulation of Trade, will retard the Act of Congress from being carry’d into execution, if not entirely distroy it. The reluctant States are very willing to lay hold of anything which will procrastinate that measure. There are many other considerations, which I need not suggest to you. I shall only observe, that sound policy, if not the Spirit of the Confederation dictates, that all matters of a general tendency, shou’d be in the representative Body of the whole, or under its authority.
Our Assembly have granted the 5 P Cent compleatly, on 12 States complying including Maryland—& have granted 10/ on every £100 property for 25 years for their proportion of the internal fund riquir’d.
It gave me pleasure to hear from Col. Mercer that you enjoy’d yr. health & I request you will believe me to be Dear Sr. with great esteem, Yr affte & Obt Servt
Danl. Carroll
PS If you shoud favour me with a few lines direct to me at George Town by post.


Title: From James Madison to James Monroe, 14 March 1786
From: Madison, James
To: Monroe, James

Dear Sir
Orange March 14th. 1786.
I acknowledged some time since your favor of the 9th. of Feby. inclosing the plot and proposition from young Mr. Scott. I have only now to repeat on that subject that I wish him to place no expectation on one that may divert him from other negociations. If I find that my resources will make it worth while to renew the matter on my part, I will trouble you to obtain further explanations, unless I should determine to make a trip myself. Indeed I should not think of closing any bargain in such a case without either examining the land myself, or making use of the examination of others. My private opinion is that the vacant land in that part of America opens the surest field of speculation of any in the U.S. Its quality is excellent, its communication with the Sea is almost, and in time will be altogether, by water alone. This channel too, as running thro’ our own jurisdiction, is free from the uncertainties incident to the Western navigation, and what removes every doubt of the value of land in that quarter is that land in the same situation and of the same soil, bears now & has long borne a high price. You I suppose have no view of turning any part of your speculations that way. If you had even so far as to meditate a visit to that region, it would have great weight with me. It wd. have decisive weight as to a trip myself. How do you propose to dispose of yourself during the Summer? I have just recd. a few lines from the attorney which inform me that it has been agreed by the meeting of the deputies for a Continental Convention, to propose Annapolis as the place & the first monday in Sepr. for the time of its assembling, and that a circular letter has been dispatched to that effect. What is thought of this measure where you are and what probability is there that it will be generally acceded to by the States? I am far from entertaining sanguine expectations from it, and am sensible that it may be viewed in one objectionable light. Yet on the whole I cannot disapprove of the experiment. Something it is agreed is necessary to be done, towards the commerce at least of the U.S., and if anything can be done, it seem[s] as likely to result from the proposed Convention, and more likely to result f[rom] the present crisis, than from any other mode or time. If nothing can be done we may at least expect a full discovery as to that matter from the experiment, and such a peice of knowledge will be worth the trouble and expence of obtaining it. I have a letter from Mr. Jefferson of the 20th. of Sepr. but he says nothing to me which you have not probably recd. more fully either from your private or public communication with him. I am Dr Sir very sincerely Yr. Affe. friend,
Js. Madison Jr.