Title: To James Madison from Edmund Pendleton, 9 December 1786
From: Pendleton, Edmund
To: Madison, James

My Dr. Sir
Edmundsbury Decr: 9th. 1786.
I thank you For yr. Favr. of the 30th. past and For your kind concern about my health, which has been better than usual For about three Weeks past, but in truth rises and falls like the flame of an expiring Candle in the Socket, & seem[s] to forbid all hopes of so radical a cure, as I am sure yr. Plan For accelerating the Admon of Justice, if carried into effect would prove to the present distresses of the Countrey, in producing Industry & Oeconomy, and From thence resources adequate to every Public & private purpose. Much contemplation on the Subject, as well as the long experience of the Countrey we were Formerly connected with, Fixed me [in] Opinion of a preference in the Assize scheme to any other I have heard or th[ought] of, on Accoun[t of] the regular Subordination and uniformity of Judgments whi[ch are] preserved. [How]ever it is exceeding difficult to have it well understood by L[aymen] not conversant in law proceedings, who have confused Ideas of different Courts which are but branches of the same Court; and in this, as in all other Political cases, if we can’t get the very best, we must take the best we can get, provided it be preferable to the thing to be changed, which in this Case must happen, or the proposed remedy be bad indeed.
Allowing the payment of tobo. For the taxes will at any rate be a great relief to the people, and indeed without it I beleive there would have been a very great deficiency in the Collection; but you’l pardon me in saying I think the mode exceptionable, not only as it consigns legislative powers to the Executive, but as it holds out an Idea of discrimination in the price, wch. to me appears unjust. Our lands are taxed as high as on James River; we make tobacco with more difficulty, & at a much greater expence, compared wth. the Crop; & it seems to be a bad reason For Our paying more tobacco than they, that they will have after payment, a larger Surplus & can sell it higher. A Possible loss to the revenue on Our tobo. seems no answer to this Objection, when it is considered that in truth a proportion of every man’s clear income, if it could be come at, would be the just mode of taxation.
The Revenue, nor indeed any important System cannot be properly digested during the hurry & multifarious business of a Session. If a proper Member were Selected to perform that work in the recess and report his state to each Session, with a handsome appointment For his trouble, it would be money well laid out.

I congratulate you on the near approach to the end of the Revised Code; since I am perswad[ed] that nothing but yr. persevering Assiduity would have ever accomplished that work at all, Much less in so short a time. I can easily judge of yr. Fatigue in it, and had I as much power here as the Prussian Monarch has (wch. pardon me I do not wish) I would order you a suitable reward. As it is you have my thanks as an Individual Citizen. By the manner in which the business is to be wound up, I judge you allude to th[e] General repealing Act, which I think you can’t venture to pass, at least ’til a very Critical & collective view is taken of all the new laws as a System, and I doubt whether a new Revisal, except for that purpose only, would justify it. A Revisal is a work of time with its Authors, & the examination of their labours of still greater time with the Assembly, who will Act in the Intervening Period & introduce laws which the Revisors have not in contemplation & yet may be valuable—so that after all a perfect Systematic code of laws may perhaps be attainable only by a Despot, who can by an Edict give it Force & Supersede all others, the moment he wills it, & is the sole judge of Future alterations, & not in a Republic. I have looked at the Bill, & can’t please my self with any alterations to Accomodate it; & submit it whether any great inconvenience can arise in Suspending it—the second Class of repeal, is effected by a Former Act and the others, must be so in all cases provided For in the new Code.
I thank you For the Act appg. a Comme to revise the Confederation & am glad to hear since of the respectable choise made of Delegates. I think Congress want additional Powers, but can’t suppress my fears of giving that of regulating Commerce. The subject, at all times delicate, is rendered more so by the heterogenious & diversified emploiments of the United States. To pass over all trivial matters, the tobacco States are distinguished From all the others, in having a Valuable Staple to export & few Manufacturers to furnish them with the implements of husbandry, & necessarys For their Families which they must purchase From others. It is therefore evidently their Interest to open their Ports to all the world, to derive from Rivalship, the best price For their Crops, and necessaries at the lowest rates—whereas in manufactoring states, an high price For necessaries must be their Interest, and suggest the Policy of excluding the trade of all, but such as [want those]. And what must at least awak[en] caution, is the tobacco States are so few, as to admit on a Union of the others, of the number authorized to Pass any Act. I am led into these Suspicions by the Eastern Publications, where the avowed purpose of excluding the British trade is to prevent their underselling their Manufacturers; a thing wch. may not suit them, and their own legislature may provide agt. it, but wch. I am sure would not displease a Virginian. Let it not be said, as I know some do say, that these States may & ought to Manufacture, and perhaps Congress may say so, & ruin Us. All experience proves this political Maxim, that Manufactoring never is adopted to advantage in any Countrey which hath land For husbandry & a market For their Crops, From which may be fairly infer’d, that tillage is the more Proffitable emploiment & will be pursued For that reason ’til the lands are filled. All attempts therefore to drive us into the other, will in my Opinion be as ruinous if Successful, as it is vain to expect th[em].
The project For Bartering away the Navigation of the Missisippi, receiving so much Countenance From that August body, as even a moments consideration, is not calculated to remove the above Fears, and the House of Delegates have acted properly upon the Occasion.
Whilst I am on this subject permit me to submit it whether the Foedral Civil List is not enormously expencive? Why a Board of Treasury? How is 168 M Dollars ann[u]ally expended in the War department, in time of peace? We ought to preserve our rank amongst Nations, but should it not be by the virtues of Justice & Oeconomy, suited to our infantine States, and not by Aping the vices of Opulent Nations, realize the Fable of the Frog, swelling to attain the size of the Ox at one effort & produce distruction. I shall not be surprized to read in some Estimate, provision For a Yeoman of the Presidents Mouth. A Geographer & his Surveyors, to throw new & unexplored States into Townships and Forms which the Inhabitants may not like, appears to me calculated to consume the price of the lands, Faster than it will come in, where money For those lands, being the great Foedral Object, would have been readily produced by a Sale of Warrants, & left it to the purchasers to find their own land & settle themselves, as their own choice directed them, securing only their Attachmt. to the Union. Why are we to be perplexed with a new fangled money of Account, who have been always used to pounds, shillings & pence, and that being used by Britain[ers] For universal commerce hath produced tables shewing the Comparative value of the Coin of all Foreign Nations in that kind of money, wch. must overballance the Affectation of Novelty. Then they say there shall be an Assay Master & Master of the Coin &c. Pray do they mean to have a Foedral mint only & rest[r]ain the states from Coining? If so, the risque and expence of Bullion From the remote states to the seat of Congress & of the money back again, would be a Serious Objection. I may be mistaken, but I always understood that by their power to regulate Coin, nothing more was intended than that they should fix the Proportion of Alloy & the uniform Standard Value by the Ounce at which gold & Silver should pass through all the states, leaving it to each to Coin any Bullion they might Fortunately meet with at home & in such peices as their Convenience should direct, whether in Eagles or Sparrows, so they conformed to the Rules prescribed.
But where am I running? Whilst I congratulate your near escape From one Fatigue, I am exhausting your Patience with abundance of crude indigested thoughts upon Subjects you understand so much better than I. So at once adiue but not ’til I assure you once more of my being, wth. great esteem & regard Dr. Sir Yr. very Affecte.
Edmd Pendleton


Title: From James Madison to James Madison, Sr., 12 December 1786
From: Madison, James
To: Madison, James, Sr.

Hond Sir
Richmd. Decr. 12th. 1786
The inclosed paper will give you a knowledge of the mode and terms on which Tobo. is made a commutable. It also contains some Resolutions of importance relative to the navigation of the Mississippi. The Senate have concurred in them, though not unanimously. Some of the members of that branch objected to the pointedness of the language. Others doubted the propriety of taking up a subject of so delicate a nature, without official information from the delegation in Congress. The repeal of the port bill was yesterday a subject of discussion, and rejected by 70 agst. 36. so that the law is likely to become permanent. Amendments however are necessary and will probably take place. We have a bill depending for establishing District Courts, differing from the Assize in this respect, that the former will be vested with as compleat jurisdiction within the District as the General Court exercises over the whole State. Unhappily it is clogged with a clause installing all debts among ourselves, so as to make them payable in three annual portions. Such an interposition of the law in private contracts is not to be vindicated on any legislative principle within my knowledge and seems obnoxious to the strongest objections which prevailed against paper money. How it will be relished I can not say, the matter not havg yet been taken into discussion. I think it probable that it will miscarry, and that it will involve the District bill in its fate. No thorough revision of the taxes has yet taken place. The inclosed report of a Committee will present some ideas which are to be discussed. In general the biass of the House seems to be strongly towards taxes which are to operate indirectly and on articles of luxury. The lawyers & County Court Clerks are also likely to be squeezed. One tenth of the fees of the former, and one third of those of the latter were voted today to be a proper share for the public. Riding Carriages were also voted to be proper objects of additional taxation. Coaches are to pay 6 dollars per Wheel, Phaetons 4 drs. & Chairs &c 2 drs. per wheel. Whether these extravagant ideas will be persisted in is uncertain. I can scarcely suppose they will in their full extent. We have no foreign news, the Northern mail for several weeks past having failed to arrive.
It is uncertain when I shall be able to leave this. I wish to do it before Christmas at farthest, and that horses may be kept in readiness to be sent as soon as I send notice for them. My stay in Orange will be reduced to a few days only. I mentioned to my brother A. that I had £50 in hand for him. The 200 drs. due on the 2d. inst: are also ready. My last was sent by Mr. Jos: Thomas, and has I hope been received. With my regards to the family I remain your dutiful son
Js. Madison Jr.
The Convention in Kentucky was prevented by the Expeditions into the Indian Country. It is proposed that another Convention shall be authorized to decide the question of their Independence.


Title: Bill Providing for Kentucky Statehood, [15 December] 1786
From: Madison, James
To:

[15 December 1786]
Whereas it appears that the Representatives elected in pursuance of the Act, entitled “An act concerning the erection of the District of Kentucky into an independent State,” have been hindered by unforeseen events from meeting at the time proposed, and determining the question referred to them; and it is considered that no such determination can now take place within the time necessary for its receiving the assent of Congress prior to the first day of June next, as required by the Act under which the said Representatives were elected: And Whereas it continues to be the purpose of the General assembly that the said District shall become an independent State, on the terms and Conditions specified in the Act aforesaid, whenever the good people thereof shall so determine, and the U. S. in Congress shall thereof approve: Be it enacted by the General Assembly that in the Month of August next, and on the respective days and places of holding Courts in the several Counties within the said district, five representatives for each County, 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 the County. The elections shall be conducted in like manner, with the like promulgation of this Act to the electors, and with the like penalties for neglect of duty in the officers, as were prescribed for the elections held under the act above recited.
The Convention shall be held at Danville on the [4th:] ⟨third⟩ monday in September ensuing, or whenever thereafter, a sufficient number shall be assembled; ⟨Five⟩ members assembled shall be a sufficient number to adjourn from day to day, and to issue writs for supplying vacancies which may happen from deaths, resignations or refusals to act. A majority of the whole shall be a sufficient number to chuse a president and other proper officers, to settle the proper rules of proceeding, to authorize any number of members to summon a Convention, during a recess, and to act in all other instances; where a greater number is not expressly required. Two thirds of the whole shall be a sufficient number 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 & conditions specified in the act above recited: provided that no vote shall be considered as deciding this question either in the Affirmative or negative, unless a majority of the whole number to be elected shall concur therein: [unless two thirds of the whole shall not have assembled within  days after the day appointed for the meeting of the Convention, in which a decision in which a majority of the whole shall concur, shall be valid, although the number present be less than two thirds.
And Be it further enacted that in case the said Convention shall approve] And provided that in case two thirds of the whole shall not assemble within ⟨fifteen⟩ days after the day appointed for the meeting; a decision in which a majority of the whole shall concur, shall be valid although the number present [may] be less than two thirds of the whole.
And be it further enacted that in case the said Convention shall approve of an erection of the said District into an independent State on the terms and Conditions above referred to, they shall & may proceed to fix a day not later than the ⟨first⟩ day of ⟨January one thousand seven hundred and eighty nine,⟩ on which the authority of this Commonwealth and of its laws, under the exceptions specified in the Act above recited, shall cease & determine for ever over the said District; and the articles specified in the said Act shall 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 ⟨fourth⟩ day of ⟨July one thousand seven hundred and eighty eight,⟩ the U. S. in Congress shall assent to the erection of the said district into an independent State, shall release this Commonwealth from all its federal 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, or at some convenient time future thereto, be admitted into the federal Union. And to the end that no interval 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 & meeting of a Convention at some time prior to the day fixed for the determination of the authority of this Commonwealth & of its laws and subsequent to the notified assent of Congress to the proposed erection of the said district into an independent State, with full power & authority to frame and establish a fundamental Constitution of Government for the proposed State, and to declare what laws shall be in force therein; untill the same shall be abrogated or altered by the Legislative authority acting under such Constitution.
This Act shall be transmitted by the Executive to the Delegates representing this State in Congress, who are hereby instructed to use their endeavors to obtain from Congress a speedy concurrence in the measure proposed by this Act, and the Act heretofore passed, entitled “An Act Concerning the erection of the District of Kentucky into an Independent State.”


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

Dear Sir
Spring Hill. 16 Decr. 1786
It wod. have always suited me for you to pay the sum I am in advance for you in New York the last of this or the first or middle of next month as well as by any other disposition I cod. have made of it. Indeed I vision’d it to discharge some small engagments of mine wh. became due there abt. that time. My engagmt. for majr. Pinckney by wh. I am to pay 200 dolrs. here, wh. he will replace in N. Yk., makes it convenient but by no means necessary, to admit the proposal of paying that sum before that time, wh. if perfectly convenient to yrself you will make to Mr Jones. But as I flatter myself I shall otherwise be able to provide for these engagments I must beg of you to subject yrself to no inconvenience respecting them. Of these circumstances I intended advising you on yr. way to the northward upon wh. occasion we hop’d you wod. take us in yr. rout. We have been in ill health since my return, but have nearly recoverd. Mrs. Monroe is as well as usual & I have for some days been reliev’d from the pain in the face & fever that accompanied it. When do you sit out for N. Yk. Have you heard any thing from the other States? Do they take correspondent measures with our Legislature upon federal subjects? I am sincerely yr. fnd. & servt.
Jas. Monroe


Title: To James Madison from George Washington, 16 December 1786
From: Washington, George
To: Madison, James

My dear Sir.
Mount Vernon Decr. 16th. 1786.
Your favor of the 7th. came to hand the evening before last. The resolutions which you say are inserted in the Papers, I have not yet seen. The latter come irregularly, tho’ I am a subscriber to Hays Gazette.
Besides the reasons which are assigned in my circular letter to the several State Societies of the Cincinnati, for my non-attendance at the next General meeting to be holden in Philadelphia the first Monday of May, there exists one of a political nature, which operates more forceably on my mind than all the others; and which, in confidence, I will now communicate to you.
When this Society was first formed, I am persuaded not a member of it conceived that it would give birth to those Jealousies, or be chargeable with those dangers (real or imaginary) with which the minds of many, & some of respectable characters, were filled. The motives which induced the Officers to enter into it were, I am confident, truly & frankly recited in the Institution: one of which, indeed the principal; was to establish a charitable fund for the Relief of such of their compatriots—the Widows—and dependants of them—as were fit subjects for their support; & for whom no public provision had been made. But the trumpet being sounded, the alarm was spreading far & wide; I readily perceived therefore that unless a modification of the plan could be effected (—to anihilate the Society altogether was impracticable, on acct. of the foreign Officers who had been admitted)—that irritations wd. arise which would soon draw a line betn. the Society, & their fellow Citizens. To prevent this—To conciliate the affections—And to convince the World of the purity of the plan—I exerted myself, and with much difficulty, effected the changes which appeared in the Recommendation from the General Meeting to those of the States; the accomplishment of which was not easy; & I have since heard, that whilst some States acceded to the recommendation, others are not disposed thereto, alledging that, unreasonable prejudices and ill founded jealousies ought not to influence a measure laudable in its institution, & salutary in its objects & operation. Under these circumstances, there will be no difficulty in conceiving, that the part I should have had to have acted, would have been delicate. On the one hand, I might be charged with dereliction to the Officers, who had nobly supported, and had treated me with uncommon marks of attention and attachment. On the other, with supporting a measure incompatible (some say) with republican principles. I thought it best therefore without assigning this (the principal reason) to decline the Presidency, and to excuse my attendance at the meeting on the ground, which is firm & just; the necessity of paying attention to my private concerns; to conformity to my determination of passing the remainder of my days in a state of retirement—and to indisposition; occasioned by Rheumatick complaints with which, at times, I am a good deal afflicted. Professing at the same time my entire approbation of the institution as altered, and the pleasure I feel at the subsidence of those Jealousies which yielded to the change. Presuming, on the general adoption of them.
I have been thus particular to shew, that under circumstances like these, I should feel myself in an awkward situation to be in Philadelphia on another public occasion during the sitting of this Society. That the prest. aera is pregnant of great, & strange events, none who will cast their eyes around them, can deny. What may be brought forth between this and the first of May to remove the difficulties which at present labour in my Mind, against the acceptance of the honor which has lately been conferred on me by the Assembly, is not for me to predict; but I should think it incompatible with that candour which ought to characterize an honest mind, not to declare that under my present view of the matter, I should be too much embarrassed by the meetings of these two bodies in the same place, in the same moment (after what I have written) to be easy in the situation; and consequently, that it wd. be improper to let my appointment stand in the way of any other.
Of this, you who have had the whole matter fully before you, will judge; for having received no other than private intimation of my election, and unacquainted with the formalities which are, or ought to be used on these occasions, silence may be deceptious, or considered as disrespectful. The imputation of both, or either, I would wish to avoid. This is the cause of the present disclosure, immediately on the receipt of your letter, which has been locked up by Ice; for I have had no communication with Alexandria for many days, till the day before yesterday.
My sentiments are decidedly against Commutables; for sure I am it will be found a tax without a Revenue. That the people will be burthened—The public expectation deceived—And a few speculators only, enriched. Thus the matter will end, after the morals of some, are more corrupted than they now are—and the Minds of all, filled with more leaven, by finding themselves taxed, and the public demands in full force. Tobacco, on acct. of the public places of deposit, and from the accustomed mode of negotiating the article, is certainly better fitted for a commutable than any other production of this Country; but if I understand the matter rightly (I have it from report only) will any man pay five pound in specie for five taxables, when the same sum (supposing Tobo. not to exceed 20/: pr Ct.) will purchase 500 lbs of Tobo. & this, if at 28/. will discharge the tax on Seven? And will not the man who neither makes, nor can easily procure this commodity, complain of the inequality of such a mode, especially when he finds that the Revenue is diminished by the difference, be it what it may, between the real & nominal price and that he is again to be taxed to make this good? These, & such like things, in my humble opinion, are extremely hurtful, and are among the principal causes of the present depravity & corruption without accomplishing the object in view for it is not the shadow, but the substance with which Taxes must be paid, if we mean to be honest. With sentiments of sincere esteem & regard. I am. Dear Sir Yr. Most Obedt. & Afft Ser
Go: Washington


Title: To James Madison from Edward Carrington, 18 December 1786
From: Carrington, Edward
To: Madison, James

Dr. Sir,
New York Decr. 18. 1786
Your favor of the 4th. Instant was received by the last post. It was fortunate that the same causes of the delay of the Mail, operated also to prevent the sailing of the Packet. With very little trouble I placed your letter in the hands of Mr. Chavalier. The re-election of Colo Lee has afforded me the highest pleasure, as it undoubtedly relieves his feelings, but I am at the same time deeply affected by the loss of Mr. Jones from the delegation.
I cannot learn that Mr. Jay is proceeding in the business of the Mississippi. He probably will waite to see the Countenance of the new Congress. If he can assure himself of the cover of a bare majority, I believe he will make the treaty, and rely upon the timidity of some of the dissenting States for the ratification. It is probable the Eastern column will be broken in Jersey and Pensylvania, and, it is equally so, that there will be a change in some of the Southern States.
The business of a convention is well brought forward by Virginia, and I hope their act will be generally adopted. The dereliction of Massachusetts is, however, to be apprehended. The delegation of that State prevented the recommendation of the measure from Congress, as suggested by the deputations at Annapolis, and advised its non adoption in their Legislature. The effect of this advice, I have not been informed of, but the natural supposition is, that nothing was done in the late Session, and there will not be another, before the time proposed for the convention of the deputies. The reasons given by these Gentlemen for their opposition are, that the mode of amending the confederation is provided by the Act itself. Amendments, are to, originate with Congress, and, be agreed to by the States, and that it would derogate from the dignity and Weight of that body, to take a secondary position in the business. This is an elevated idea, and, in an efficient Sovereignty, would be a wise one. The truth is, we have not a government to Weild and Correct, but must pursue the most certain means for obtaining one. We have only four States now on the floor. I am dr Sir Your Sincere friend & St.
Ed. Carrington


Title: To James Madison from Henry Lee, 20 December 1786
From: Lee, Henry
To: Madison, James

My dear sir
Alexa. 20th. Decr. 86
After the notification of my disgrace which reached me about the 20th. Novr. I hastened from N York & pressed forward to my home. Every difficulty of weather and roads opposed my progress and retarded us effectually, for it took us three weeks to reach this place which I had reckoned on accomplishing in twelve days. At Length we arrived on the banks of potomac, and thro our avidity to embrace our friends, were on the point of destruction for four hou[r]s, by rashly adventuring to cross in the night, thro bodys of floating ice. But providence, kinder to me than my beloved country reserved my family & myself, with some detriment of purse but no injury to my reputation. Striking difference to be sure, and a theme for unceasing admiration of the supreme benevolence on my part. This subject always disturbs me & excites my resentment. But cruel & ungrateful as I estimate the treatment I have received from the assembly, I am frank to declare to you that the opinion I had formed of your deriliction of the friendship which existed between us rendered my affliction doubly severe. In all nations precedents are to be found demonstrative of the caprice & indelicacy of public bodys, therefore being not alone I could have procured repose to my feelings, by beleiving that all who knew me, would attribute my dismission to the proper cause.
Your abandonment of a man who loved your character to excess & who esteemed your friendship among the first blessings of his life connected with the circumstance of your election to the office from which he was dismissed, togather with many other considerations which are unnecessary to repeat wounded me deeply, & has given me many melancholy hours. Your letter of the 11th. affords me some relief, & as it explains your intentions which before were subject to construction, strengthens my hope that you regard me as I have ever esteemed you, & that no difference in political sentiments ever has or ever can cool the affection which commenced in our youth, and till very lately has existed in full vigor. It is my wish that we may ever be united, & I beleive you cannot question my sincerity, especially, when it relates to you.
My present intentions will carry me to Richmond unless the assembly may soon rise, when I shall have the happiness of conversing with you. Yours truely
H: Lee Jnr


Title: From James Madison to James Monroe, 21 December 1786
From: Madison, James
To: Monroe, James

Dear Sir
Richmd. Decr. 21. 1786.
Your favor of the 16th. inst: came to hand too late the evening before last to be then answered. The payment of the 100 drs. here was perfectly convenient, and I have put that sum into the hands of Mr. Jones to be applied to the use which you have directed. This payment added to the 100 drs. paid in Philada. leaves still a balance of 137½ according to my memorandm. which is subject to your further orders. We hear nothing from any of the other States on the subject of the federal Convention. The ice seems to have intercepted totally the Northern communication for a considerable time past. The Assembly have been much occupied of late with the bill for district Courts. On the final question there was a majority of one agst. it in fact, though on the Count a mistake made the division equal & it fell to the Chair to decide who passed the bill. The real majority however were sensible of the mistake & refused to agree to the title, threatening a secession at the same time. The result was a compromise that the question sd. be decided anew the next morning, when the bill was lost in a full house by a single voice. It is now proposed to extend the Sessions of the Genl. Court so as to accelerate the business depending there. We hear that Maryland is much agitated on the score of paper money the H. of Delegates having decided in favor of an emission. Adieu Yrs Affy.
Js. Madison Jr


Title: To James Madison from John Francis Mercer, 23 December 1786
From: Mercer, John Francis
To: Madison, James

Dear Sir
Annapolis Decr. 23. 1786
I committed some hasty thoughts to paper in an illegible hand, which I sent you by Doctr. Griffin, relative to a clause in the British debt bill that you told me, pass’d the House of delegates by an almost unanimous assent, directing those who had paid British Debts into the public Treasury, to pay them over again. From the little consideration I had given this question myself. & from the unadvised & inconsiderate determ[ina]tion of the H. of D. I am persuaded, that if [it] did not pass without observation, yet that it never recd. the lights which just di[s]cussion woud have given it. The solemn determination of the Legislature of Virginia will be great impression on the question as far [as] it may affect other States—tho’ God knows & those who know how questions are generally caused the[re]in can bear evidence of what little authority their opinion ought to be any where. It cannot be the wish of any American Whig—& I am sure it is not yours that the Legislature of any state shoud wrest a question of such high legal impression from the judicial department, in order too to decide against our own Citizens in favor of Great Britain. Our Citizens have suffered enough from depreciation & if they can now put a share of the burthen legally on those who were the unjust authors of our Calamities, ill [bef]all the Man or sett of Men who woud prevent them. In all applications for justice it is an universal maxim & the Law of Nations & the natural inference of reason that the applicants must submit themselves to the tribunals of the Country where they apply. In applications to our Courts, the British can never complain as one common law governs both nations. What is law & justice in Westminster Hall, will be found law & justice in the American forum. But in every veiw we know that there is no peculiar tribunal, who take cognizance of questions arising under Treaties or the Law of nations. Those are admitted on all hands, to enter into the [ju]risprudence of every Country & to be as binding on all invested with the dispensation of judicial powers as the Municipal law of the land. The Question will come before them regularly, & they must decide on the force of the Treaty. One veiw will be whether it is to be considered as a repeali[ng] Law—regularly retrospective law is invalid—& when a thing is done by law, which might be done by Law, all contraventions act in the nature of a repeal. If the Treaty operates in this manner, in every legal principal of construction, the paymts. are good, admitted by writers in the Jus publicum equal with those on the municipal law—see Rutherford Int. If it is to be considered wholly by itself & to receive no relative interpretation, the question will then be—What is meant by the term Debts, & then the reasoning in my note by Doctr. Griffin applies, & these were unquestionably not debts at the time of the Treaty. The Question with respect to Interest rests best upon this ground. Whatever is suspended & these debts were at least suspended, must ex vi termini be reviv’d in the same state they were previous to their suspension. [As] by the law of England, A Sequestration out of the Court of Chancery, (which as I before observ’d is but a subordinate & suppletory legislation) will always destroy interest. With respect to the main question—Alien Enemy by the Law of England & consequently our law—is a plea in Base & not in Abatement which shews that the Debt is destroy’d by War, indeed this is pointedly held by all the old lawyers & to the best of my recollection there are Cases in point in Coke. The best writers of a later date & all the former writers I beleive hold thi[s] to be the operation of War. In the Treaty of Munster which closed a War precisely similar to ours, a similar stipulation took place with respect to a general recovery of Debts. That & the 4th. Article of the American Treaty lead to the conclusion that otherwise the Debts were indiscriminately forfeited. So that the stipulation has its object & operation without being extended to these debts discharg’d according to the existing Laws of the Country—Vattel. The Party to a Treaty claiming the benefit of a stipulation in the Treaty, shall claim no constructive benefit for [illegible] the Author—it was their fault that they did not clearly describe the extent of the advantage they wish’d. If the British Nation shoud be dissatisfeid with the decision of our Tribunals in case they determine in favr. of these paymts. it will then probably become the object of national discussion & shoud the Americans be induced from either conviction or terror to give up the point, it perhaps may then become proper for the legislature to determine that the individuals shall make up the depreciation. I shall be glad to hear from our Virginia. I had like to [have] said from our Assembly—but our assembly, I have to inform you, as far as H of [D] have voted paper money. The Senate will refuse. They say (the D.) that they will appeal to the People & break up. I beleive they’ll all go to the [Devil?]. The wiser part approve strongly of the Convention in May. My last hopes have taken refuge there. They will I beleive give almost unlimited powers. A party in the H. of Del. rejected Mr. D. C. our old freind in the election to Congress by one vote to the great regret of every person out of-doors. Adeiu Good Christmass to you.
J F Mercer.


Title: From James Madison to George Washington, 24 December 1786
From: Madison, James
To: Washington, George

Dear Sir
Richmond Decr. 24. 1786.
Your favour of the 16th. inst: came to hand too late on thursday evening to be answered by the last mail. I have considered well the circumstances which it confidentially discloses, as well as those contained in your preceding favor. The difficulties which they oppose to an acceptance of the appointment in which you are included can as little be denied, as they can fail to be regretted. But I still am inclined to think that the posture of our affairs, if it should continue, would prevent every criticism on the situation which the cotemporary meetings would place you in; and wish that at least a door could be kept open for your acceptance hereafter, in case the gathering clouds should become so dark and menacing as to supercede every consideration, but that of our national existence or safety. A suspence of your ultimate determination would be no wise inconvenient in a public view, as the Executive are authorized to fill vacancies and can fill them at any time, and in any event three out of seven deputies are authorized to represent the State. How far it may be admissible in another view, will depend perhaps in some measure on the chance of your finally undertaking the service; but principally on the correspondence which is now passing on the subject between yourself and the Governour.
Your observations on Tobo. as a commutable in the taxes are certainly just and unanswerable. My acquiescence in the measure was agst. every general principle which I have embraced, and was extorted by a fear that some greater evil under the name of relief to the People would be substituted. I am far from being sure however that I did right. The other evils contended for have indeed been as yet parried, but it is very questionable, whether the concession in the Affair of the Tobo. had much hand in it. The original object was paper money. Petitions for graduating certificates succeeded. Next came instalments; and lastly a project for making property a tender for debts at 4/5 of its value. All these have been happily got rid of by very large majorities. But the positive efforts in favor of Justice have been less successful. A plan for reforming the administration in this essential branch, accomodated more to the general opinion than the Assize plan, got as far as the third reading, and was then lost by a single vote. The Senate would have passed it readily and would have even added amendments of the right complexion. I fear it will be some time before this necessary Reform will again have so fair a chance. Besides some other grounds of apprehension, it may well be supposed that the Bill which is to be printed for consideration of the public will instead of calling forth the sanction of the wise & virtuous, be a signal to interested men to redouble their efforts to get into the Legislature. The Revenue business is still unfinished. The present rage seems to be to draw all our income from trade. From the sample given of the temper of the House of Delegates on this subject, it is much to be feared that the duties will be augmented with so daring a hand that we shall drive away our trade instead of making it tributary to our treasury. The only hope that can be indulged is that of moderating the fury. The Port bill was defended against a repeal by about 70 votes agst. about 40. The Revised Code is not quite finished, and must receive the last hand from a succeeding Assembly. Several bills of consequence being rendered unfit to be passed in their present form by a change of circumstances since they were prepared, necessarily require revision. Others as the Education bill &c. are thought to be adapted only to a further degree of wealth and population. Others, as the Execution bill which subjects lands to debts, do not yet find an adequate patronage. Several bills also and particularly the bill relating to crimes & punishments, have been rejected and require reconsideration from another Assembly. This last bill after being purged of its objectionable peculiarities was thrown out on the third reading by a single vote. It will little elevate your idea of our Senate to be told that they negatived the bill defining the privileges of Ambassadours, on the principle as I am told that an Alien ought not to be put on better ground than a Citizen. British debts have not yet been mentioned, and probably will not unless Congs. say something on the matter before the Adjournment. With every sentiment of esteem & affection, I am Dear Sir, Your Obedt. servt.
Js. Madison Jr.


Title: To James Madison from Edward Carrington, 27 December 1786
From: Carrington, Edward
To: Madison, James

Dr Sir,
New York Decr. 27. 1786
My going to Virginia this winter is indispensible. It is probable, from the state in which events has placed the delegation, that I shall not have an opportunity of going after the session commences without leaving the state unrepresented. Upon these considerations I have determined to seize the present moment and shall set out early in the next week. In the mean time I think it proper to give you notice of the circumstance, that you not rely upon my being present. I shall leave Colo Grayson here, who will be well enough to form with yourself a representation, but he is far from being recovered. My absence will not exceed six or eight weeks. We have as yet no Congress nor do I see a near prospect of one, but it will be well for you to get on the floor as early as you can. Inclosed is a paper containing a letter from Mr. Calonne Comptroller General of the Finances of France to Mr. Jefferson which is truly interesting to the U. S. I am dr Sir Yrs. Sincerely
Ed. Carrington


Title: Addition to the Revised Port Bill, [ca. 27 December] 1786
From: Madison, James
To:

[ca. 27 December 1786]
⟨That from and after the first day of April next, the following places shall be, and the same are hereby established as ports of entrance and clearance …⟩ For all vessels coming from or going to sea, any part of Chesapeak Bay, or any part of the Maryland Shore below point lookout, at the port of Yeocomico: For all vessels coming from or going to any part of the Maryland Shore above the said point Lookout, at the said port of Yeocomico, or at the Port of Alexandria: provided that in all cases of entrance ⟨or clearance at Alexandria, the same shall and may be made with the deputy appointed by the naval officer of the said district⟩.


Title: To James Madison from Arthur Campbell, 4 January 1787
From: Campbell, Arthur
To: Madison, James

Sir
Janr. 4. 87
As few things in this life can go nearer my heart, than danger to the American Union. For some days past I have revolved in my mind the late intelligence from a Member of Congress, and some information, by another hand. I have also reflected on intimations I had from a friend in Ireland, which I think I give you a hint of last year: at times I conclude it the best policy that our leaders should not appear alarmed at the commotions in Massachusetts: But that if they increase, it might be useful to request General Washington to go on a private visit to the Eastern States: or at least it apparently ought to be such. He would soon discern whether there were not faults on both sides. And I have reason to think his advice would operate as a command to most of the leaders on either side. In the mean time it might be well for the States to arange and prepare their militia for service. To have regulars marched early in the Spring to the Westward, and take possession of the Banks of Lake Erie, for instance at Presquil Cayhago, and Sandusky. This would give our secret enemies some thing else to look after than what passes near Boston. The Superintendants for the Middle and Southren departments for Indian affairs should improve the present conjuncture, and conciliate those Indian tribes that continued friendly last Summer, and terrify at the same time the predatory Tribes. It might be highly imprudent for the legislature of this State to say any thing as a public act, respecting the insurgents this Session. That matter ought to be confided to our Delegation in the national Council; they corresponding occasionally with the Governor.
If there are any useful items here you can improve them; if not please excuse my obtruding my sentiments. I am Sir, your most Obd. Servant
A. Campbell


Title: From James Madison to George Muter, 7 January 1787
From: Madison, James
To: Muter, George

Dear Sir
Richmond Jany. 7th. 1787.
Your favor of the 23d: of Sepr. by Mr. Fowler, by which I am much obliged, was duly handed to me. I regret much the event which has probably delayed the decision of your Convention on the great point referred to them; and the more so as the actual delay may foster the suspicion of a premeditated one. The shortness of the time given for the determination of Congress, was an unavoidable part of the plan, which proposed to render any further interposition of the Assembly unnecessary by leaving a sufficient residue of the year for the Convention to compleat the arrangements for a separation. It was supposed also that this shortness of time would be sufficient for Congress as they were not called [to] determine that Kentucky should not become an independent member of the Confederacy, but only that it should become so on a convenient future day, remaining in the mean time on a like footing with the proposed States beyond the Ohio. The Act which has passed at this Session will I hope remove every doubt of the Legislature’s desire to give effect to the former Act. An earlier day would have been fixed for the choice of the New Convention, but for the unwillingness of the Assembly to violate even the shadow of decorum towards the old one, whose appointmt. will now expire before the new choice is to come on. Even a prolongation of the time as prayed for by the members of the Convention, would have taken place, if it had not been conceived that such a change in the business transcended the authority of the Assembly. The authority of the Convention, though defined by the law under which they were chosen, was derived solely from the people by whom they were chosen. Any extension or new modification of the Authority therefore, coud. only be derived from the same source. The Objections made to the 7th. art: do not appear to me to be well founded. A concurrent jurisdiction is both practicable and equitable. The Delaware as well as the Potowmac furnish examples of it. The law of Nations is explicit on the subject. And taking into view the case of the Mississippi, Kentucky is the last part of the World from which I should have expected to hear of doctrines which impeach the equal & reciprocal rights of the owners of opposite shores, over the stream itself. You will learn from the Representatives of your district the measures taken with reference to the projected Treaty with Spain. Whether this project will go on in Congress, will depend on the temper of the New members. I have some ground to suppose that the sentiments of some of the middle ones will be changed in favor of the Western Rights. Perhaps on the other side a defection may take place in some of the Southern ones. Would Kentucky purchase a free use of the Missipi. at the price of its occlusion for any term however short? You will also learn from the same source the melancholy crisis of things in Massachts. Our latest information renders it not improbable that civil blood may be shed, and leaves it somewhat uncertain whether the Govt. or its adversaries will be victorious. There is good ground to believe that the latter are secretly stimulated by British influence. These events are distressing beyond measure to the zealous friends of the Revolution, and furnish new proofs of the necessity of such a vigour in the Genl. Govt. as will be able to restore health to any diseased part of the federal body. An attempt to bring about such an amendment of the federal Constitution is on the Anvil. The Meeting of deputies for that purpose is to be held in May next in Philada. With great respect I remain Sir Yr. Obedt. & hbl servt.
Js. Madison Jr


Title: Resolution to Reimburse Owners of Damaged Tobacco, 8 January 1787
From: Madison, James
To:

In the House of Delegates the 8th: of January 1787.
Resolved that the Executive be authorized to defray all expences incurred in saving the Tobacco from the late fire in this City, by the sale of a sufficient proportion of the damaged Tobacco.


Title: From James Madison to Edmund Pendleton, 9 January 1787
From: Madison, James
To: Pendleton, Edmund

My Dear Sir
Richmond Jany 9th. 1787.
Your favor of the 9th. Ult. has been so long on hand unanswered that I can not now acknowledged it without observing in apology for the delay that I waited for some measures of which I wished to communicate the event. The district bill of which I formerly made mention, was finally thrown into a very curious situation, and lost by a single voice. I refer you for its history to Col. Pendleton, who was here at the time and is now with you. An attempt has been since made to render the General Court more efficient by lengthening its terms, and transferring the criminal business to the Judges of the Admiralty. As most of the little motives which cooperated with a dislike to Justice, in defeating the District Bill happened to be in favour of the subsequent attempt, it went through the House of Delegates by a large Majority. The Senate have disappointed the majority infinitely in putting a Negative on it, as we just learn that they have done, by a single voice. An amendment of the County Courts has also been lost, through a disagreement of the two Houses on the subject. Our merit on the score of Justice has been entirely of the negative kind. It has been sufficient to reject violations of this Cardinal virtue, but not to make any positive provisions in its behalf.
The revised code has not been so thoroughly passed as I hoped, at the date of my last. The advance of the Session, the coldness of a great many, and dislike of some to the subject, required that it should be pressed more gently than could be reconciled with a prosecution of the work to the end. I had long foreseen that a supplemental revision as well of some of the articles of the Code, as of the laws passed since it was digested, would become necessary, and had settled a plan for the purpose with myself. This plan was to suspend the laws adopted from the Code, untill the supplement could be prepared, and then to put the whole in force at once. Several circumstances satisfied me of late that if the work was put within the reach of the next Assembly, there would be danger not only of its being left in a mutilated state, but of its being lost altogether. The observations in your favor above acknowledged, encouraged me to propose that the parts of the Code adopted should take effect without waiting for the last hand to it. This idea has been pursued, and the bills passed at the last Session are to commence as then determined, those passed at the present being suspended untill July next. I would myself have preferred a suspension of the former also untill July, for the sake of a more thorough promulgation, and of a cotemporary introduction of the laws many of which are connected together but the Senate thought otherwise, and in a ticklish stage of the Session, the friends of the Code in the H. of. D. joined me in opinion that it would be well to create no unnecessary delays or disagreements. I have strong apprehensions that the work may never be systematically perfected for the reasons which you deduce from our form of Government. Should a disposition however continue in the Legislature as favorable as it has been in some stages of the business, I think a succession of revisions, each growing shorter than the preceding, might ultimately bring a completion within the compass of a single Session. At all events the invaluable acquisition of important bills prepared at leisure by skilful hands, is so sensibly impressed on thinking people by the crudeness and tedious discussion of such as are generally introduced, that the expence of a continued revision will be thought by all such to be judiciously laid out for this purpose alone. The great Objection which I personally feel arises from the necessity we are under of imposing the weight of these projects on those whose past services have so justly purchased an exemption from future labours. In your case the additional consideration of ill health, became almost an affair of Conscience, and I have been no otherwise able to stifle the remorse of having nominated you along with Mr. Wythe and Mr. Blair for reviewing the subject left unfinished, than by reflecting that your colleagues will feel every disposition to abridge your share of the burden, and in case of such an increase of your infirmity as to oblige you to renounce all share, that they are authorized to appoint to, I will not say to fill, the vacancy. I flatter myself that you will be at least able to assist in general consultations on the subject, and to adjust the bills unpassed to the changes which have taken place since they were prepared. On the most unfortunate suppositions my intentions will be sure to find in your benevolence a pardon for my error.
The Senate have saved our Commerce from a dreadful blow which it would have sustained from a bill passed in the H. of. D. imposing enormous duties, without waiting for the concurrence of the other States or even of Maryland. There is a rage at present for high duties, partly for the purpose of revenue, partly of forcing manufactures, which it is difficult to resist. It seems to be forgotten in the first case that in the arithmetic of the Customs as Dean Swift observes 2 & 2 do not make four, and in the second that manufactures will come of them selves when we are ripe for them. A prevailing argument among others on the subject is that we ought not to be dependent on foreign nations for useful articles, as the event of a war may cut off all external supplies. This argument certainly loses its force when it is considered that in case of a war hereafter, we should not stand on very different ground from what we lately did. Neutral Nations, whose rights are becoming every day more & more extensive, would not now suffer themselves to be shut out from our ports, nor would the hostile Nation presume to attempt it. As far as relates to implements of war which are contraband, the argument for our fabrication of them, is certainly good.
Our latest information from the Eastwd. has not removed our apprehensions of ominous events in that quarter. It is pretty certain that the seditious party has become formidable to the Govt. and that they have opened a communication with the viceroy of Canada. I am not enough acquainted with the proceedings of Congress to judge of some of the points, which you advert to. The regulations of their land office have appeared to me nearly in the light in which they do to you. I expect to set out in a few days for N. York where I shall revive my claim to a correspondence which formerly gave me so much pleasure and which will enable me perhaps to answer your queres. The end of my paper will excuse the abrupt but Affecte. Adieu.
Js. Madison [Jr.]


Title: Warrant for Service in House of Delegates, [11 January] 1787
From: House of Delegates
To: Madison, James

[11 January 1787]
The Commonwealth to James Madison Orange   Dr
Octo

Session 1786
To 37 days attendance to the 11th
}
£18..10..

January inclusive


Title: List of State Acts Granting Congress Regulatory Powers, [February–April] 1787
From: Madison, James
To:

[February–April 1787]

New Hampshirepassed an act June 1785, investing Congress with the power of regulating trade for 15 Years, without limiting them in any respect—the emoluments to be devoted to the discharge of the public debt—and the power to be exercised when all the States have given similar powers.
Massachusetts,passed an act in the words of the resolve of Congress of 30th. April 1784, for the term of 15 Years, not to take effect until other States passed similar acts.
Rhode Islandpassed an act in March session 1786 similar to Massachusetts, to continue for 15 Years, & also empowered Congress to prohibit the States from laying imposts on goods exported from one State to another—and by other acts passed in 1785, they give to Congress the power for 25 Years, & authorize their delegates to rectify any articles on this subject.
Connecticut—passed an act in May 1785 giving the power to Congress for fifteen years, the power to commence when 9 States pass similar acts—and also another act in October 1786 declaring that the power shall commence when Congress begin to exercise it.
New York—if this State has passed any law on the subject, it is not in the Office.
New Jerseypassed an Act in November 1786 giving Congress the power for 15 Years, to commence when 9 States pass similar acts.
Pennsylvaniapassed an Act Decemr. 15th. 1784 giving the power to Congress for 15 Years, when 9 States pass similar Acts.
Delaware—passed an act of compliance Feby. 2d. 1786, to take effect on the concurrence of 9 States.
Maryland—passed an Act Novr. 2. 1784. giving Congress the power requested for 15 years, on condition that 9 Sts concur.
Virginia—passed an Act May 3. 1784 giving the power for 15 Years, to commence when 9 States give similar powers.
North Carolinapassed an Act June 1784 giving the power without limitation of time, when all the States give similar powers.

South Carolinapassed an act March 11. 1786 giving the power for 15 years, when the other states give similar powers, & excluding Congress from making any regulations which may effect the slave trade.
Georgiapassed an act August 2d. 1786 exactly similar to South Carolina.


Title: To James Madison from James Monroe, 6 February 1787
From: Monroe, James
To: Madison, James

Dear Sir
Fredricksbg. Feby. 6. 1787.
We were sorry you cod. not make it convenient to call on us; hope you have arrivd be fore this safe. An agreeable journey cannot be calculated on. I must trouble you with some small commissions that I fear you will find little leasure to attend to provided the States are assembled—but you will postpone any attention to these to give preference to affrs. of more consequence. The day before I left New York I experienc’d an unfortunate disaster, particularly upon that occasion. I had drawn a bill on mr. Jones endors’d by Colo. Hamilton for 530. dolrs. & committed it to a broker mr. Mordicai to negotiate for me. He was to have furnish’d the money the day appointed for me to leave the city. On that day he fail’d, having previously recd. & dispos’d of my money. He advanc’d me 90£ however of that currency & assur’d me he wod. certainly indemnify me altogether. I hear from Carrington he hath made a return of my debt & that he will be able to pay a considerable part of it & perhaps the whole. You will be so kind as enquire into this affr. & receive (if there shod. be any) the money for me. I shall be afterwards able to direct its application. A mr. Coghill in King Street engag’d to make some furniture for me. Agreeably to our contract it shod. be of the best kind, & if not I was at liberty to decline taking it. Maria writes me it is vile. You will examine it &, if so, reject it. Tell him I decline taking it, for if it is not of the best kind I had rather have none. You will proceed regularly so as to prevent his suing me prov[i]ded I shod. hereafter visit N. Yk. I wish you i[n] that event to engage precisely the same artic[le] of Burrell or Burling in Chappell street. You were so kind as observe you wod. be able to apply the small sum due me to such purposes as I sh[od.] direct in N. York. When it shall be conven[i]ent apply it to the purchase of this furniture & send it by the packet to Fredricksbg. [I] wish the chairs bottom’d of hair of the best kind & of the fashion heretofore directed. If I shall be able to arrange the article of finance, wh. wi[ll?] depend on Mordicai, I will also get a dozn. of windsor chairs with stuff’d bottoms similar to those Colo. Grayson had. You will advise me of the time they will be finish’d, the sum they will cost & my expectation on the Jew—the expence of casing & covering them properly for the voyage—of the freight. Miss Kortrig[ht] & Maria will be able to give you every necessar[y] information on this head. Believe me since[rely] yr. friend & servt.
Jas. Monroe


Title: To James Madison from Thomas Jefferson, 7 February 1787
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Paris Feb. 7. 1787.
I leave the inclosed open for your perusal & that of your Collegues & others to whom you may chuse to shew it; only taking care that neither copies nor extracts be taken. Be so good, when you are done with it, as to stick a wafer in it and forward it to the Governor. I am with sincere esteem Dr. Sir Your friend & servt
Th: Jefferson
P. S. I do not know whether you are acquainted with young Bannister who goes by the packet. He is of good understanding and of infinite worth.
I have letters & papers to the 15th. of Decemb. yet neither these nor those of any person I can meet with inform us who is President of Congress.


Title: To James Madison from Lafayette, 8 February 1787
From: Lafayette, Marie-Joseph-Paul-Yves-Roch-Gilbert du Motier, marquis de
To: Madison, James

8 February [1787?]. This letter was “probably to JM,” but the evidence is not conclusive. The year is indicated by Lafayette’s comments on Jefferson: “Our friend Jefferson intends a journey to the South. He is universally beloved and respected, at Court, and in Paris and as he is equally enlightened and zealous he cannot but render the greatest service to his Country” (Stan. V. Henkels Catalogue No. 1078 [1913]).


Title: From James Madison to James Madison, Sr., 10 February 1787
From: Madison, James
To: Madison, James, Sr.

10 February 1787, New York. Enclosed with JM’s letter of the same date to his brother Ambrose and mentioned therein. Related the latest news of the insurrection in Massachusetts.


Title: From James Madison to James Monroe, 11 February 1787
From: Madison, James
To: Monroe, James

Dear Sir
New York Feby. 11. 1787
I got to this place two days ago after a very tedious journey. I had the pleasure to find the family with which you are connected well, but full of complaints agst. your epistolary failures. I became your apologist as far as I could, but have agreed to give you up if you do not give future proofs of repentance & amendment.
I have already intimated to you the urgency of Mazzei on the subject of his protested bills, and asked for information as to the steps taken by you in his behalf, and your advice as to the further steps proper to be taken. Dorman is here still, and of course I shall have an opportunity of serving our friend as far as the case will admit. Let me hear from you pray as quickly as possible. Let me have your commands also as to the ballance I owe you. It is ready & will remain so till you direct its appropriation.
Having not yet taken my seat in Congress and had but little conversation with the members, I have nothing to communicate on the state of business before them. A congress has been made up but a few days only. After some contest between the friends of Mr. Blount & Genl. Sinclair, the latter was put into the chair. The inclosed paper will give you the latest intelligence from Massts. Our friend Grayson remains nearly in status quo. He is a valetudinarian without being sick, and unhappy without knowing why. Give my best respects to Mrs. Monroe. I regretted much when at Fredricksbg that I should be so near without seeing you both, but it was impossible without a culpable delay & wd. have been otherwise inconvenient. Adieu: Yrs affecy.
Js. Madison Jr


Title: From James Madison to Thomas Jefferson, 15 February 1787
From: Madison, James
To: Jefferson, Thomas

Dear Sir
New York Feby. 15th. 1787
My last was from Richmond of the 4th. of December, and contained a sketch of our legislative proceedings prior to that date. The principal proceedings of subsequent date relate as nearly as I can recollect 1st. to a rejection of the Bill on crimes & punishments, which after being altered so as to remove most of the objections as was thought, was lost by a single vote. The rage agst. Horse stealers had a great influence on the fate of the Bill. Our old bloody code is by this event fully restored, the prerogative of conditional pardon having been taken from the Executive by a Judgmt. of the Court of Appeals, and the temporary law granting it to them having expired and been left unrevived. I am not without hope that the rejected bill will find a more favorable disposition in the next Assembly. 2dly. to the bill for diffusing knowledge. It went through two readings by a small majority and was not pushed to a third one. The necessity of a systematic provision on the subject was admitted on all hands. The objections agst. that particular provision were 1. the expence; wch. was alledged to exceed the ability of the people 2. the difficulty of executing it in the present sparse settlement of the Country. 3. the inequality of the districts as contended by the Western members. The last objection is of little weight and might have been easily removed if it had been urged in an early stage of the discussion. The bill now rests on the same footing with the other unpassed bills in the Revisal. 3dly. to the Revisal at large. It was found impossible to get thro’ the system at the late session for several reasons. 1. the changes which have taken place since its compilement, in our affairs and our laws: particularly those relating to our Courts, called for changes in some of the bills which could not be made with safety by the Legislature. 2. the pressure of other business which tho’ of less importance in itself, yet was more interesting for the moment. 3. the alarm excited by an approach toward the Execution-Bill which subjects land to the payment of debts. This bill could not have been carried, was too important to be lost, and even too difficult to be amended without destroying its texture. 4. the danger of passing the Repealing Bill at the end of the Code, before the operation of the various amendments &c. made by the Assembly could be leisurely examined by competent Judges. Under these circumstances it was thought best to hand over the residue of the work to our successors, and in order to have it made compleat, Mr. Pendleton, Mr. Wythe & Blair were appd. a Committee to amend the unpassed bills & also to prepare a supplemental revision of the laws which have been passed since the original work was executed. It became a critical question with the friends of the Revisal whether the parts of the Revisal actually passed shd. be suspended in the meantime, or left to take their operation. The first plan was strongly recommended by the advantage of giving effect to the system at once, and by the inconveniency arising from the latter of leaving the old laws to a constructive repeal only. The latter notwithstanding was preferred as putting the adopted bills out of the reach of a succeeding Assembly, which might possibly be unfriendly to the system altogether. There was good reason to suspect Mr. Henry who will certainly be then a member. By suffering the bills which have passed to take effect, in the meantime it will be extremely difficult to get rid of them. 4thly. Religion. The Act incorporating the protestant Episcopal Church excited the most pointed opposition from the other Sects. They even pushed their attacks agst. the reservation of the Glebes &c. to the Church exclusively. The latter circumstance involved the Legislature in some embarrassment. The result was a repeal of the Act, with a saving of the property. 5th. The district Courts. After a great struggle they were lost in the House of Delegates by a single voice. 6thly taxes; the attempts to reduce former taxes were baffled, and sundry new taxes added; on lawyers 1/10 of their fees, on Clks of Courts ¼ of do. on doctrs. a small tax, a tax on houses in towns so as to level their burden with that of real estate in the Country, very heavy taxes on riding carriages, &c. Besides those an additional duty of 2 Per Ct. ad valorem on all merchandizes imported in vessels of nations not in treaty with the U. S. an addl. duty of 4 d. on every gallon of Wine except French Wines, and of 2 d. on every gallon of distilled Spirits except French brandies which are made duty free. The exceptions in favor of France were the effect of the sentiments & regulations communicated to you by Mr. Calonne. A printed copy of the communication was recd. the last day of the Session in a newspaper from N. York and made a warm impression on the Assembly. Some of the taxes are liable to objections, and were much complained of. With the additional duties on trade they will considerably enhance our revenue. I should have mentioned a duty of 6/. per Hhd. on Tobo. for complying with a special requisition of Congs. for supporting the corps of men raised for the public security. 7th. the Mississippi. At the date of my last the House of Delegates only had entered into Resolutions agst. a surrender of the right of navigating it. The Senate shortly after concurred. The States South of Virga. still adhere as far as I can learn to the same ideas as have governed Virginia. N. Jersey one of the states in Congress which was on the opposite side has now instructed her Delegates agst. surrendering to Spain the navigation of the River even for a limited time. And Pena. it is expected will do the same. I am told that Mr. Jay has not ventured to proceed in his project and I suppose will not now do it. 8th. The Convention for amending the federal Constitution. At the date of my last Virga. had passed an Act for appointing deputies. The deputation consists of Genl. Washington Mr. Henry late Govr. Mr. Randolph present Govr. Mr. Blair Mr. Wythe. Col. Mason & Js. M. North-Carola. has also made an appt. including her present & late Govr. S. C. it is expected by her delegates in Congs. will not fail to follow these examples. Maryland has determined I just hear to appt. but has not yet agreed on her deputies. Delaware, Penna. & N. Jy. have made respectable appointmts. N. York has not yet decided on the point. Her Assembly has just rejected the impost which has an unpropitious aspect. It is not clear however that she may not yet accede to the other measure. Connecticut has a great aversion to Conventions, and is otherwise habitually disinclined to abridge her State prerogatives. Her concurrence nevertheless is not despaired of. Massts. it is said will concur, though hitherto not well inclined. N. Hampshire will probably do as she does. Rhode Island can be relied on for nothing that is good. On all great points she must sooner or later bend to Massts. & Connecticut.
Having but just come to this place I do not undertake to give you any general view of American Affairs, or of the particular state of things in Massts. The omission is probably of little consequence as information of this sort must fall within your correspondence with the Office of foreign Affairs. I shall not however plead this consideration in a future letter when I hope to be more able to write fully.
Mr. Fitzhugh has paid into my hands for your use £58–6.–8. Virga. Currency in discharge of 1000 livres advanced to him in France. He was anxious to have settled it according to the actual exchange instead of the legal one of 33⅓ on the British standard, and even proposed the addition of Interest. I did not hesitate to conclude that I should fulfill your intentions by rejecting both. I have sent to Mrs. Carr £25 for the use of your nephews as you directed. The balance is in my hands subject to your orders tho’ I shall venture to apply it in the same way if I shd. be apprized of its being necessary to prevent interruption to the studies of the Young gentlemen. My last informed you of the progress &c. of Master Peter. I have since recd. from the presidt. of Hampden Sydney a letter containing the following paragraph. “Dabney Carr is a boy of very promising genius & very diligent application. He conducts himself with a good deal of prudence, & I hope will answer the expectations of his friends. I was afraid at first that he was dull or indolent from his appearance, but I find myself agreeably disappointed. His principal study at present is the Latin language, but he is also obliged to pay some attention to his native tongue.[”] I remain Dr. Sir Yr. Affecte. friend
Js. Madison Jr


Title: From James Madison to Edmund Randolph, 15 February 1787
From: Madison, James
To: Randolph, Edmund

Dear Sir
N. York Feby 15th. 1787.
Having but recently got here I had not time to add a few private lines as I wished to our public letter. We have as yet no definitive information from Masts. touching the operations of Genl. Lincoln. Little doubt however is entertained that the insurrection will be effectually quelled. The Legislature of that State seem to have taken great spirits from the prospect. They have come at length to the Resolution of declaring the existence of a Rebellion, and it is said mean, to disarm and disfranchise all who have been engaged in it. We have no information from any other quarter, and I have not been here long eno. to collect any just idea of the general politics here. The papers of the day are very barren, and I inclose one only as introductory to my purpose of inclosing them as often as they may deserve it. Adieu Yrs. affy
Js. Madison Jr


Title: To James Madison from James Madison, Sr., 17 February 1787
From: Madison, James, Sr.
To: Madison, James

17 February 1787. Mentioned in JM’s letter to his father, dated 1 April 1787. Contained an inquiry concerning the Andover Iron Works, their ability to supply iron, whether they would deliver at Philadelphia, and the price.


Title: From James Madison to Edmund Randolph, 18 February 1787
From: Madison, James
To: Randolph, Edmund

My dear Sir
New York Feby. 18th. 1787.
Your letter for Mr. Jefferson arrived a few hours too late for the packet and must wait for some other conveyance. I have some reason to expect one in ten or fifteen days. Congress have received no late intelligence either from him or Mr. Adams. Nor have any interesting measures yet taken place since they have been assembled in force. Those in expectation relate to 1. The Mississpi. On this subject I have no information to give, not a word having passed concer[n]ing it since my arrival. 2. The treaty of peace. This subject is now depending in the form of a Report from Mr. Jay. I find what I was not before apprized of, that infractions on the part of the U. S. preceded in several instances even the violation on the other side in the instance of the Negroes. If Congs. should be able to agree on any measures for carrying the Treaty into execution, it seems probable that the fundamental one will be a summons of the States to remove all legal impediments which stand at present in the way. There seems to be no reason to believe that G. B. will comply on any other conditions than those signified in the communication of Lord Carmarthen to Mr. Adams. 3. The proposed Convention in May. A great disagreement of opinion exists as to the expediency of a recommendation from Congs. to the backward States in favor of the meeting. It would seem as if some of the States disliked it because it is an extraconstitutional measure, and that their dislike would be removed or lessened by a sanction from Congs. to it. On the other hand it is suggested that some would dislike it the more if Congs. should appear to interest themselves in it. I observe in a late Newspaper that instructions are to be brought forward in the Legislature here to the Delegates in Congress to propose and urge their interposition in favor of the Convention. What the sense of the State is on the merits of the project is not perfectly clear. A refusal a few days ago by a large majority to grant the impost does not augur well. Hopes however are entertained. The four States North of it are also still to declare their sentiments. Masts. it is now expected will appoint deputies to the Convention, and her example will be much respected by the three others. The intermediate States from N. York to S. Carolina, Maryland excepted, have made appointments: and Maryland has determined to do so tho’ she has not yet agreed on the individuals. S. Carolina & Georgia are supposed by their Delegates here to be well disposed to back the plan. 4. the troops raising under the authority of Congs. in Massts. The prospect of a close to the turbulent scenes in that quarter has produced a motion for stopping the enlistments. The delegates from the N England States generally and from Massts. in particular are anxious that the motion should be suspended for a few weeks that the influence of the military preparations of the U. S. may be continued in favor of their State Measures, some of which are likely to be pretty vigorous, and to try the strength of their Govt. It appears besides that the Ringleader of the insurrection has not been apprehended, and according to report, still harbours mischeif. We begin to experience already the inconveniency of the clause in our treaties stipulating the privileges of the most favored nation: Mr. Vanberkel has got hold of the late Act of our Assembly in favor of French Wines & brandies brought in French bottoms, and contends that it violates the Dutch Treaty. He has been told that those privileges are a requital for equal ones granted on the side of France, and that Holland must pay the price before she can claim the concession. His answer is that nothing is said about compensation in the Treaty: that it is expressly stated that the Dutch shall pay no higher duties than the most favored Nation are or shall be obliged to pay. We tell him the compensation is necessarily implied; and that a contrary interpretation would render the Treaty too inconvenient to both the parties to be supposed the true one. He persists in alledging that it is the true one, that the treaty pursues the carrying policy marked by a like stipulation in every Treaty where it could be introduced, and that the clause relative to compensation was intentionally omitted. He means to bring the matter before Congs. and to direct the Dutch Consul to protest agst. the duties in case of their being exacted. He professes and appears notwithstanding to be anxious for an amicable adjustment, and would have foreborne to apply to Congs if we could have authorized a hope that the law would not be actually put in Execution agst. Dutch Cargoes. As it is he means to put a copy of the note to Congs. in our hands, that it may be communicated to the State. I have not yet thoroughly investigated the question. The letter of the Treaty is on his side. The equity of it on ours. If his construction be admitted, the U. S. could not purchase the W. India Trade of G. B. or France without letting in Holland to the privileges granted on our part, altho’ she should keep her ports in that quarter shut agst. us: a consideration not only unjust towards us, but creating objections on the part of G. B. or France. A very dismal account of Clarke’s proceedings in the Western Country has been informally laid before Congress, & will be forwarded to your department. If the information be well founded you will probably receive a confirmation thro’ other channels. Send me the letter from Mr. Mercer if you please. I forgot to ask you for it at the time of my leaving Richmond. Adieu Yrs Affecty.
Js. M.


Title: Virginia Delegates to Edmund Randolph, 19 February 1787
From: Virginia Delegates
To: Randolph, Edmund

Sir.
N. York 19th. Feby. 1787.
Your favor of  has been duly received, though we are sorry to inform you, the packett had sailed a few hours before, so that we could not by that opportunity forward the inclosures.
We have applied to Genl. Knox respecting the arms; but he has declined reporting to Congress even in favor of a sale: so that we have giv’n up all thoughts of procuring them from the Confederacy: the Genl. has informed us, that Messrs. Cox & Frazer Merchts. in Philada. have a quantity which are excellent in their kind, and which they will dispose of on very good terms. We therefore beg leave to suggest the propriety of your impowering Mr. Carrington to purchase the number wanted for the State: This he can easily accomplish on his return through Philada. to this place.
Mr. King one of the delegates for Massachuzets informs us the rebellion is nearly in the same situation as mentioned in our last: there still exists a party in the County of Berkshire under the command of one Wyley, though there is reason to expect, these also will shortly be dispersed. We heartily wish this may be the case as there is good information that the evil is about to be communicated to the frontiers of this State: Indeed if the party in Massachuzets are successful, it is highly probable it may extend much farther. We have the honor to be with the highest respect Yr. Excys. Most obt. Servts.
Willm. Grayson
Js. Madison Jr


Title: Notes on Debates, 19 February 1787
From: Madison, James
To:

Editorial Note
The notes beginning 19 February 1787 and ending 26 April 1787 are the concluding portion of JM’s summaries of the debates and proceedings of Congress, which he had begun late in 1782. They were recorded in two numbered segments: “No. XV,” containing the notes from 19 February through part of 29 March, and “No. XVI,” containing the remainder. JM did not always limit his notes to the formal actions of Congress, for he occasionally referred to what he heard in private conversations or read in the newspapers. Two of the longest entries (13 and 29 March), for example, contain only cursory notations of the day’s activities in Congress, but report fully on unofficial interviews (attended by JM and others) with Gardoqui.
JM made only seventeen entries in his notes during this two-month period, many of them quite brief. The brevity perhaps reflects JM’s primary attention to the more pressing business of the approaching Philadelphia convention. The relative paucity of the notes for the later period may also be a commentary on the dwindling importance of the proceedings of the federal legislature. This impression seems to be confirmed by such remarks as “nothing of consequence,” “see the Journals,” or “nothing worth noting” (later changed to a milder, “nothing noted”) to cover the long intervals between entries.
Deletions, interlineations, retracings of faded portions of the Ms, and occasional marginalia indicate that JM revised his notes more than once. Some changes were obviously made at a much later time, but others appear to be contemporary with the time of writing. The editors have not noted minor stylistic changes and illegible deletions. Where alterations have been noted, the editors have attempted to distinguish between those made at a later time and those made contemporaneously.

In Congress. Feby. 19. 1787
Mr. Pinckney in support of his motion entered on the Journal, for stopping the enlistment of Troops, argued that we had reason to suppose the insurrection in Massts., the real, tho’ not ostensible object of this measure, to be already crushed:—that the Requisition of 500,000 dollrs. for supporting the troops had been complied with by one State only viz Virginia, and that but in part:—that it would be absurd to proceed in the raising of men who could neither be paid cloathed nor fed, and that such a folly was the more to be shunned, as the consequences could not be foreseen, of embodying and arming men under circumstances which would be more likely to render them the terror than the support of Government. We had, he observed, been so lucky in one instance, meaning the disbanding of the army on the peace, to get rid of an armed force without satisfying their just claims; but that it would not be prudent to hazard the repetition of the experiment.
Mr. King made a moving appeal to the feelings of Congs. reminding them that the real object in voting the troops was, to countenance the exertions of the Govt. of Masts.; that the silent cooperation of these military preparations under the orders of Congs. had had a great and double effect, in animating the Govt. and awing the insurgents; that he hoped the late success of the former had given a deadly blow to the disturbances, yet that it would be premature, whilst a doubt could exist as to the critical fact, to withdraw the co-operating influence of the federal measures. He particularly and pathetically intreated Congs. to consider that it was in agitation and probably would be determined by the Legis. of Massts. not only to bring to due punishment the more active & leading offenders, but to disarm & disfranchise for a limited time the great body of them; that for the policy of this measure he would not undertake to vouch, being sensible that there were great & illustrious examples agst. it, that His confidence however in the prudence of that Govt. would not permit him to call their determinations into question; that what the effect of these rigors might be it was impossible to foresee. He dwelt much on the sympathy which they probably would excite in behalf of the stigmatized party, scarce a man was without a father, a brother, a friend in the mass of the people; adding that as a precaution agst. contingencies, it was the purpose of the State to raise and station a small military force in the most suspected districts and that £40,000, to be drawn from their impost on trade had been appropriated accordingly: that under these circumstance a new crisis more solemn than the late one might be bro’t on & therefore to stop the federal enlistments and thereby withdraw the aid which had been held out, would give the greatest alarm imaginable to the Govt. and its friends, as it would look like a disapprobation & desertion of them, and if viewed in that light by the disaffected might rekindle the insurrection. He took notice of the possibility to which every State in the Union was exposed, of being visited with similar calamities—in which events they would all be suing for support in the same strain now used by the delegates from Massts & that the indulgence now requested in behalf of that State might be granted without the least inconvenience to the U. S. as their enlistments without any countermanding orders, would not go on whilst those of the State were in competition; it being natural for men to prefer the latter service in which they would stay at home & be sure of their pay, to the former, in which they might with little prospect of it, be sent to the Ohio to fight the Indians. He concluded with the most earnest entreaties, and the fullest confidence that Congs. would not at so critical a moment and without any necessity whatever, agree to the motion; assuring them that in 3 or 4 weeks, possibly in less time, he might himself be a friend to it and would promote it.
Mr. Pinckney in reply contended that if the measures pursuing by Massts. were such as had been stated, he did not think the U. S. bound to give them countenance. He thought them impolitic and not to be reconciled with the genius of free Govts. and if fresh commotions should spring from them, that the State of Massts. alone should be at the charge, and abide by the consequences of their own misconduct.
Mr. Madison would not examine whether the original views of Congs. in the enlargemt. of their military force were proper or not, nor whether it were so to mask these views with an ostensible preparation agst. the Indians. He admitted indeed that it appeared rather difficult to reconcile an interference of Congs. in the internal controversies of a State with the tenor of the Confederation which does not authorize it expressly, and leaves to the States all powers not expressly delegated; or with the principles of Republican Govts which as they rest on the sense of the majority, necessarily suppose power and right always to be on the same side. He observed however that in one point of view military precautions on the part of Congs. might have a different aspect. Whenever danger was apprehended from any foreign quarter which of necessity extended itself to the federal concerns, Congs. were bound to guard agst. it, and altho’ there might be no particular evidence in this case of such a meditated interference, yet there was sufficient ground for a general suspicion of readiness in G: B. to take advantage of events in this Country, to warrant precautions agst. her. But leaving the question as to the original propriety of the measure adopted and attending merely to the question whether at this moment the measure ought from a change of circumstances to be rescinded. he was inclined to think it would be more advisable to suspend than to go instantly into the recision. The considerations which led to this opinion were
1. That though it appeared pretty certain that the main body of the insurgents had been dispersed it was by no means certain that the spirit of insurrection was subdued. The leaders too of the insurgents had not been apprehended; and parties of them were still in arms in disaffected places.
2. that great respect is due on such an occasion to the wishes and representations of the suffering member of the federal body, both of which must be judged of by what comes from her representatives on the floor. These tell us that the measures taken by Congs. have given great satisfaction & spirits to their Constituents, and have co-operated much in baffling the views of their internal enemies; that they are pursuing very critical precautions at this moment for their future safety and tranquility; and that the construction which will be put on the proposed Resolution if agreed to by Congs. can not fail to make very unhappy impressions, and may have very serious consequences. The propriety of these precautions depends on so many circumstances better known to the Govt. of Massts. than to Congs. that it would be premature in Congs. to be governed by a disapprobation.
3. that every state ought to bear in mind the consequences of popular commotions if not thoroughly subdued, on the tranquility of the Union, & the possibility of its being itself the scene of them. Every State ought therefore to submit with cheerfulness to such indulgences to others, as itself may in a little time be in need of. He had been a witness of the temper of his own State (Virginia) on this occasion. It was understood by the Legislature that the real object of the military preparations on foot, was the disturbance in Mass[t]s. & that very consideration inspired the ardor which voted towards their quota, a tax on tobacco which wd. not have been granted for scarce any other purpose whatever, being a tax operating very partially in the opinion of the people of that State who cultivate that article: yet this class of the Legislature were almost unanimous in making the sacrifice, because the fund was considered as the most certain that could be provided.
4. that it was probable the enlistments for the reasons given would be suspended without an order from Congs. in which case, the inconveniency suggested would be saved to the U. S. and the wishes of Massts. satisfied at the same time.
5. that as no bounty was given for the troops, and they could be dismissed at any time, the objections drawn from the consideration of expence, could have but little force.
6. That it was contended only for a continuance of the apparent aid of Congs. for 3 or 4 weeks, the members from Massts. themselves considering that as a sufficient time.
After the rejection of the motion as stated on the journal a dispute arose whether the vote should be entered among the secret or public proceedings. Mr. Pinkney insisted that in the latter case, his view which was to justify himself to his constituents would be frustrated. Most of those who voted with him were opposed to an immediate publication. The expedient of a temporary concealment was proposed as answering all purposes.